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4 





POLITICAL CLASS BOOK; 

INTENDED 

TO INSTRUCT THE HIGHER CLASSES IN SCHOOLS 

IN THE 

ORIGIN, NATURE, AND USE 

OF 

POLITICAL POWER. 


“Government is instituted for the common good ; for the protection, safety, pros¬ 
perity, and happiness of the people ;—and not for the profit, honor, or private interest 
of any one man, family, or class of men.” Mass. Bill of Rights. 

“ Ignorantia legum neminem excusat; omnes enim praesumuntur eas nosse, quibus 
omnes consentiunt.” 


kelea s 


BY WILLIAM SULLIVAN, 

COUNSELLOR AT LAW. 


OF £ 

WITH 


QA T,H. 


lV 


jc 




UPON STUDIES FOR PRACTICAL MEN; 

WITH NOTICES OF POOFS SUITED TO THEIR USE. 


LIBRARY % ii 


GEORGE B. EMERSON. 


Neto 3Strf t f o n, 

MENDMENTS AND ADDITIONS. 


BOSTON: 

RICHARDSON, LORD AND HOLBROOK, 

133 Washington Street. 












4-JC 

*ie,s« 0 5oa 


DISTRICT OF MASSACHUSETTS, to wit: 

District Clerk's Office. 

Be it remembered, That oil the seventh day of January, A. D. 1831, and in the fifty- 
fifth year of the Independence of the United States of America, William Sullivan 
and George B. Emerson, of the said district, have deposited in this office the 
title of a book, the right whereof they claim as authors and proprietors, in the words 
following, to wit: 

u The Political Class Book ; intended to instruct the Higher Classes in Schools in 
the Origin, Nature, and Use of Political Power. 6 Government is instituted for the 
common good ; for the protection, safety, prosperity, and happiness of the people ;— 
and not for the profit, honor, or private interest of any one man.’ Mass. Bill of Rights. 
c Ignorantia legum neminem excusat; oranes enim prsesumuntur eas nosse, quibus om- 
nes consentiunt.’ By William Sullivan, Counsellor at Law.—With an Appendix 
upon Studies for Practical Men ; with Notices of Books suited to their Use. By 
George B. Emerson. New Edition, with Amendments and Additions.” 

In conformity to the act of the Congress of the United States, entitled, u An Act 
for the encouragement of learning, by securing the copies of maps, charts, and books, 
to the authors and proprietors of such copies during the times therein mentioned and 
also to an act, entitled, “ An Act supplementary to an act, entitled, ‘ An Act for 
the encouragement of learning, by securing the copies of maps, charts, and books, to 
the authors and proprietors of such copies during the times therein mentioned;’ and 
extending the benefits thereof to the arts of designing, engraving, and etching histori 
cal and other prints.” 

JNO. W. DAVIS, 

Clerk of the District of Massachusetts. 




*■> ♦> 4 








IIV T R O D U C T I O IV 


TO THE FIRST EDITION. 


The people of the United States have undertaken to 
preserve and transmit civil and religious liberty, and the 
blessings of life, by the administration of just and equal 
laws, made in conformity to written constitutions, voluntari¬ 
ly adopted. 

There must be, somewhere, an authority competent to 
judge whether such laws are so administered. This au¬ 
thority resided in those who instituted our governments. 
It passed to their successors. It resides, always, in those 
who compose the political community. This community 
has not only the exclusive right to judge whether power, 
established for its benefit, is constitutionally exercised, but 
also the absolute right to amend, and even to abolish, an 
existing system, and substitute any other. 

Such sovereign power implies knowledge of the subjects 
to which it is to be applied ; and, as there is no distinction 
in the political rights of the members of the community, 
every citizen, who has attained to the age of twenty-one 
years , is entitled to all the rights of citizenship, and is held 



ir 


INTRODUCTION. 


to the performance of all its duties. He must , therefore , 
he presumed to know what these rights and duties are. 

Every citizen of a state is also a citizen of the United 
States. Being entitled to all the rights of national citizen¬ 
ship, and held to the performance of all its duties, he must 
he presumed to know what these are. Among these are 
included the duty, and consequently the competency, of 
judging whether those who undertake to administer the 
National Government execute their trust with ability and 
faithfulness. 

It is not perceived that provision has been made, in 
the usual course of education, to qualify those who are 
approaching manhood, to discharge, with advantage to 
themselves, and with justice to their fellow-citizens, the 
political duties which they must assume. If the young 
acquire any knowledge of this nature, it must be by in¬ 
ference and accident, and not because it is systematically 
imparted. 

This small volume, of very humble pretensions, is de¬ 
signed to do something towards supplying what is supposed 
to be a want, in the present course of education. It treats, 
briefly, several subjects, which are commonly supposed to 
be above the intellectual capacity ol the young. This 
difficulty has been met, it is hoped, by the elementary 
mode of treatment. The book is divided into chapters 
and short sections, as is usual in school books; and ques¬ 
tions are appended, intended to intimate the subject com¬ 
prised in each section. 


INTRODUCTION. 


v 


If this book should be deemed worthy of being made 
a class book, it is supposed that it may be most profitably 
used, by requiring of a pupil to give, in his own words , 
the meaning of sections. This is the same intellectual 
exercise, which is required in the business of life, in 
whatsoever department of industry one may find his lot to 
have been cast. 

A book comprising many subjects, and yet small enough 
to be a school book for general use, could not contain 
practical and historical illustrations. Intelligent teachers 
can easily supply these, from their own resources. They 
can do this in a mode not too much in use, that is, by an 
interchange of thoughts between themselves and their 
pupils; and, by such means, lead to a useful exercise 
of the powers of the mind. 

To the young it may seem, that time moves heavily. 
But it will soon remove many of their predecessors, and 
advance themselves to the rank of citizens. Almost un¬ 
conscious of the change that is in process, they will sudden¬ 
ly find themselves called upon to take their part in affairs, 
which involve the most important interests of a great and 
increasing people. 

It is yet a problem, whether united representative re¬ 
publics will continue to diffuse their blessings through a 
prosperous and grateful community. The solution may 
depend, in no small degree, on the veneration which the 
young carry into manhood, for the institutions of their fa¬ 
thers ; and not less on their ability to distinguish between 


vi 


INTRODUCTION. 


the unprincipled contrivances of politicians, and the manly 
actions of statesmen. 

At the request of the writer, a gentleman well quali¬ 
fied to render such service to the community, has furnish¬ 
ed instructions for a course of reading on the arts, sciences, 
and history. This course is introduced by explanatory 
remarks, which will be found highly instructive, not only 
to "those who are seeking the advantages of an education, 
but to those who are engaged in the active scenes of busi¬ 
ness. The part of the volume alluded to, is contained in 
an Appendix. 


Boston Mass ., August 1, 1830. 


w. s. 


ADVERTISEMENT 


TO THE NEW EDITION. 


The first edition having been more favorably received 
than was even hoped for, and very soon disposed of, the 
publishers applied to the authors to revise the book for a 
new edition. In doing this, all the suggestions which have 
been made by way of improvement, have been attended 
to. For some of them, a due sense of obligation is enter¬ 
tained. Many corrections have been made. Additions 
have also been made ; and among them a new chapter, 
as a substitute for the concluding one of the former edition. 
In this (chapter XXX), an attempt is made to show the 
nature and use of physical, moral, and intellectual power ; 
and also the principles on which manners are formed, and 
what their proper utility is, in social intercourse. In page 
151 will be found a note, on the constitutional law of 
debtor and creditor; and, next following this, a note on 
crimes , showing the distinction between national and state 
jurisdiction. A copious Index is prefixed to this volume. 

To the Appendix has been added a chapter on moral 
philosophy, in which the three branches, into which this 
subject is usually divided, are explained. 



/ 


viii ADVERTISEMENT. 

This edition is designed for schools, in all the states in 
the Union; and to make it fit for this purpose, the con¬ 
stitution of each state has been described. The analysis 
of the constitution of Massachusetts, and of that of the 
United States, will enable instructers in each state (with 
the aid of the description above mentioned) to explain how 
powers are derived and exercised, in their respective states. 
It is impracticable to be more particular; it is believed, 
that the course adopted will be found sufficiently so. 

It is improbable, that either of the authors will have 
leisure, or inducement, to make any further alterations. 
So far as they may be permitted to judge, the volume will 
be found to contain all that is necessary to the object in 
view; and as it is, and such as it is, it must find its own 
way, as it can. If it should attain to the honor, for which 
it was framed and designed, and should prove to be useful 
to those who are to he citizens; and if it should enable 
them to understand the institutions of their own country 
(the value of which is made the more striking by recent, 
and probable events, in other countries); the purpose of 
the authors will have been accomplished, and their labors 
most acceptably rewarded. 

W. S. 

G. B. E. 

Boston, Mass., January 1,1831. 


INDEX 


TO TSI 

POLITICAL CLASS BOOK. 


Section*. 


Acquired qualities,. 

Actions, ... 

Administrator,. 

Admiralty, courts of, . 

Adults, . 

Age, when attained,. 

Alabama, State of,. 

Aliens, naturalization of, . 

Ambassadors, . 

America, discovery of,. 

Apocrypha, . 

Apprenticeship,. 

Aristocracy, defined, . 

Arkansas Territory, ........... 

Army,. 

Arrest on complaint,. 

Arson,.. p. 155 

Assessors, defined, ... 

-, mistakes of, . 

Attorney, . 

Attorney General of U. States, . 


412 

113 

132 

283 

319 

325 
162 
198 
258 
168 
373 

326 
28 

164 

244 

102 


77 

77 

113 

223 


Bail, meaning of,. 99 

Ballot, meaning of,. 70 

Bankrupt and insolv. laws, p. 151 

Bankruptcy,. 199 

Banks, different kinds of, .. 304, 311 

Belligerents, defined, .276 

Bible,.369 

Bills of exchange,. 313 

Blasphemy,.. p. 155 

Blockade,.280 

Bady politic, . 38 

Boston, city of, . 49 

F#urglary,.. p. 155 


Cabinet, of president of U. S., 227-9 


Calvin, John,. 382 

Capital trial, . 121-9 

Catholic church, .379 

Caucus, .. 43 


Section*. 

Census, what, and why taken,... 190 


Chancery suit,. 120 

Charter, defined,. 49 

Christian religion; sects, .... 374-87 
Church and state, union of, .. 377-81 

- of England,.384 

Citizens, duty of,... 41 

Civil suits, . 113 

Claims against states, and U. S., 167 

Classification of persons,.345 

Coin, and coining,. 197 

Coliseum, .(note to) 269 

Colonies,. 171 

Columbia, District of, . 164 

Columbus, discovery by,. 168 

Commerce, regulation of,. 204 

Common law,. 65 

Commonwealth, . 31 

Complaint, criminal. 102 

Confederation, articles of,. 173 

Congress ofU. S., . 186 

-, powers and 

duties of, . 186-205 


-, session of, 213-214 

Connecticut, State of,.. 143 

Conscience, defined,. 400 

Constable,.(note to) 44 

Constitution, defined,. 34 

-, of l/. S. formed, . 174-5 

-, different con¬ 
structions of,. 178-9 

-, difficulties in 

forming,. 177 


-true meaning 

of, .. 178 

-.and States, 180-4 

-, maladminis¬ 


tration of.. 185 

Constitutional prohibitions, p. 151 
Constitutions of states. (See the 
names of states.) 

--, compared, 167 


1 










































































2 


INDEX TO THE 


Sections. 

Consuls, . 266 

Contempt, (manners).407 

Contraband,. 280 

Contracts, defined,. 294-300 

-made by minors,... 320-1 

-, marriage,. 340-1 

-, remedies on,.303 

Convention, defined,. 55 

Copy-rights,. 201 

Coroner, . 94 

Corporation, defined, . 38 

Counsel, duty of,. 125 

Counties, . 45 

County offices, and buildings, ... 94 

County treasurer, . 95 

Court, defined, .(note to) 53 

-, Supreme, U. S.238 

-, its power 

over state courts, in constitu¬ 
tional questions,.239 

-, S. J. of Mass.,.91-92 


■, powers and 


duties of,. 115-121 

-, Common Pleas,. 103 

-, probate,. 130 

Courts of admiralty,.283 

-of law, . 89 

-martial, ..p. 156 

Crimes,.p. 154 

—-——, minors punishable for,.. 322 
Criminal jurisdiction, .... p. 154 

Currency, defined,.. 21 

Custom-nouse,. 208 


Sections. 

Employments, mechanical,... 358-9 


-, mercantile,.359 

-, professional,.360 

English church,. 384 

Entry at custom-house,. 208 

Envoy,. 261 

Episcopalians,. 377 

Escheat, defined,.337 

Estate, alienation of, . 292 

-, real,. 290 


--,.. 337-9 

Exchange, bills of,.313 

Execution, writ of, . 114 

Executive of Massachusetts, .... 78 

--, how 

elected,. 79 

-U. S.,.215 

Executor,. 132 

Exequatur (consular),.266 

Expenditures of U. S.,.210 


Faculties of the mind, . 6 

-, defined, 400-11 

Farmers,. 355-7 

Fashion, meaning of^ . 402 

Father and children,. 329 

Federal, meaning of, . .(note to) 172 

Felony, .p. 154 

Female education, defects,.343 

Fire, insurance against,.316 

Freeholders,...290 


Debt, public, . 202 

Decisions of Supreme Court of 

U. S., .p. 151 

Deed, defined,. 292 

Delaware, State of, . 149 

Democracy, defined, . 32 

Department, home,.231 

Departments, heads of,.220 

---, duties of, 221 

Despotism, defined, . 27 

Diplomacy, defined,.225 

Discounting,. 306 

Dissenters, religious, .386 

Doctors, medical,. 362 

Dress, proper use of, . 397 

Duties, revenue, .208 


General Court, . 53 

Georgia, State of,. 154 

Gold and silver coin,. 197 

Governments, different forms of, 27-36 

-, feudal,. 29 

-- of U. S., excel¬ 
lence of,. 36 

Governor's constitutional title,. 78-80 

- duty to legislature, .. 66 

Governor, lieutenant,. 83 

-, power and duty of, 81-86 

Greek church,. 379 

Habeas corpus, writ of,. 244 

Homicide, .p. 154 

Honorable, title of,. 58 

House of Representatives of U. 
States,. 187-9 


Education, defined,.398 

- of females,.343 

-, proper time for,.414 

-, uses of,. 334 

Electors in Massachusetts,. 47 


-vice president, .. 216-18 

Eloquence,. 67 

Employments, choice of,.356 


■, organ¬ 


ization of,. 59 

Husband and wife,. 326-8 

Illinois, State of,. 161 

Imagination. 6 

Impeachment,. 137,212 

Indiana, State of,. 158 

Indians, right of soil,. 168-9 

Infancy, . 318 































































































































POLITICAL CLASS BOOK, 


3 


Sections. 

Inheritance, . 337-42 

Insolvency, meaning o£. 133 

Insolventjudgments of Supreme 

Court U. S.p. 151 

-laws,.p. 151 

Insurance companies,.315 

---, fire, life, 

mutual,. 317 

Intellect, meaning of,.400 

-, powers of, defined, . 411-13 

Intestate,.;...339 

Jerusalem and Jews, . 371 

Judges, removal of,. 136-7 

Judgment and judging, defined,. 6 

Judicial power of U. S., .... 232-40 

-.(See Note 

on Crimes, ..p. 156.) 

Judiciary of U. S.,. 233,240 

Jurisdiction, defined, . 283 

Jury for trials,. 106-10 

-, grand,. 106-110 

Justice, administration of, .... 89-91 
-, in dif¬ 
ferent states,. 167 

civil and criminal,. 89 


Sections. 

Massachusetts constitution, ..... 39 

-government, .... 37 

-representatives, . 56 


election of,. 54 

-- senators,. 54 

-, State of,. 141 

-town meetings, .. 43 


Justices of peace,. 96-101 

Kentucky, State of,. 155 

“ Knowledge is power,’'.415 

Knowledge, sources of,. 5 

Labor, division of, . 20 

Ladies, education of,. 343 

Larceny,..p. 155 

Law, defined, . 53 

-■, different kinds of,.254 

-, inferences from, . 285-8 

- making power, limited, ... 62 

- of nations,.. 250 

Laws, bankrupt and insolvent, 
p. 151 

-, how made,. 60 

-, origin and need of,.24-5 

-, unconstitutional, void, ... 63 

Lawsuit. 113 

Lawyers,. 363 

Louisiana, State of, .. 159 

Luther, Martin,.380 

Mails, . 203 

Maine, State of, .•. 139 

Male adults, rights and duties, .. 327 

Manifest, custom-house, .208 

Manifesto, in war,.283 

Manners, defined,. 401 

-, how formed,.406 

Manufacturing, . 349-50 

Marriage, rights by,.328 

-settlements,.340 

Maryland, State of,. 150 


mode of calling,. 44 

Mayor, defined,. 52 

McMillan vs. McNeill, case of, 
p. 153 

Measures and weights,.205 

Mechanic employments,.317-8 

Memory, defined,. 6 

Men, governed by natural law, . 14 

-must live in society, .... 15-16 

Merchants,.351-2 

Message, executive,.66,219 

Metals, . 22 

Michigan Territory,. 164 

Miles, square. (See names of 
states.) 

Military, defence,.241 

Militia, . 245-6 

-, as to nation and state, 246-8 

-, different opinions on, ... 249 

Minister, diplomatic,.263 

of Gospel,.361 


Minors,. 318 

-abilities and disabilities, 321-4 

-enlisted in army,.244 

may make a will,,.323 

punishable for crimes, ... 322 


Mississippi, State of,. 160 

Missouri, State of,. 163 

Territory,. 164 


Monarchy, mixed,. 30 

Money, universal measure,. 22 

Moral sense..400 

Municipal, defined,. 51 

Murder, ..p. 154. 

Nations, law of,.250 

Natives, how dispossessed,... 168-9 

Naturalization,. 198 

Navy, . 244 

Negative, in law-making,. 61 

Neutrals,.276 

--, rights and duties of, ... 281 


New Hampshire, State of,.140 

New Jersey, State of, . 147 

New Testament,.374 

New York, State of,. 145 

constitutional powers, 146 


North Carolina, State of,. 152 

Notaries public,. 314 

Notes, promissory,.312 

Oath, meaning of,.392 



















































































































4 


INDEX TO THE 


Sections. 

Officers, town,. 68 

Ogden vs. Saunders, case ^of, 

Ohio, State of,. 157 

Old Testament,.369 

Oligarchy, . 28 

Pardon, power of,. 81 

Parent and child,.329 

Parishes,. 395-7 

Passions,'. 6 

Patents,.200 

Pennsylvania, State of,. 148 

Peijury,.p. 155 ^ 

Persons, how classed,.345 

-distinguished,.. 318-19 

Physical, defined, .. 400 

Physicians,. 362 

Piracy,.p. 156 

Plenipotentiary,.262 

Politeness,. 405-6 

Political safety,. 415 

Polls, meaning of,. 57 

--............ 72—4 

Pope, origin of,.378 

Post-office,... 203-19 

President of U. S.,.216-19 

Privateers,. 274-5 

Prize,. 275 

Probate Court,. 130 

--appeals,. 134 

Professions, learned, . 353-4 

Promissory notes,.312 

Property, personal,. 289-93 

- f real, .. 289-93 

Protestant religion,.385 

Protests,. 314 

Puritans,. 384 

Quorum,.. 96 

-, defined,.(note to) 218 

Reason, or light of nature,. 1,4 

-, reasoning, defined, .... 6 

Recognizance,. 99 

“ Reformation’ of religion,.380 

Registry of deeds,. 94 

Religion,..., 366-88 

Religious societies,.395 

Repealing of laws, . 63 

Representation, basis of U. S., 188-9 

Republic, defined,.31-35 

Revenue of U. S.,.206 

Reversion, defined,.339 

Revolution, defined,. 40 

Robbery, .p. 155 

Rulers, duty of,. 41 

Sabbath, duty concerning,.... 293-4 

Seamen pressed in war,. 282 

Secretary of commonwealth, .. .87-8 


Section*. 

Secretary of state of U. S., .... 224 

Senate, how formed,. 59 

-of U. S.. 193-5 

Sentence, admiralty court, .... 283 

Sheriffs,. 94 

Shire towns,. 94 

Slander, evil of,..409 

Slavery, where existing,. 164 

Smuggling, revenue,.209 

Society, advancement of,. 23 

origin of,. 19 

-, principle of, . 17 

-, well regulated,. 26 


South Carolina, State o f , . 153 

Sovereignty, defined, . 173 


-, where residing,. 


Speech, pow er of, 

Square miles.(See names ofstates.) 
State constitutions compared,... 

-governments,. 

insolvent laws, 


43 

7 

167 

138 


151. 


Statute, defined, ... 61 

Stocks, public debt,.202 

Sturges vs. Crowningshield, case 

of, .p. 152 

Suffrage, universal,.. 165 

Tariff, revenue, ...208 

Taxes, assessment of,.72-7 

-, collection of,.72-7 

Tennessee, State of,. 156 

Testate and intestate,. 339 

Time, how computed,.370 

Titles, none by the constitution 

of U. S. 219 

Towm meetings,. 43 

-voting,. 69 

Towuis, powers of, . 71 

Trader,.351 

Treasurer, state,.87-8 

Treaties, ..264 

Trial, capital,. 121-9 

-, civil,. 113-14 

-, criminal,. 106-12 

Tyranny, defined,. 27 

Tyrants, great and small,.407 

Universal suffrage,. 165 

Verdict, defined,. 126 

Vermont, State of, .. 142 

Virginia, S*ate of,. 151 

Voting in Massachusetts,.47-48 

—, viva voce, . 150 


Wages, nature of,.345 

War, kinds of,. 269-76 

-, law of,. 267 

Washington’s opinion,. 175 

Weights and measures,.205 

Widow, guardian, ..342 






















































































































APPENDIX. 


5 


Sections. 


Widow, provision for,..... 338 

Wife and husband,. 330-7 

-, debts by,. 330 

-, will made by, .341 

Will by minor,... 323 


oecuons. 

Wills, making of,... 135 

Writ of habeas corpus, .244 

Writs, what, and how issued, ... 113 

“ Year of our Lord.”.370 


6 


INDEX 

TO THE 

APPENDIX. 


■rage. 

Accounts, importance of,. 3 

Adams's Lectures'on Natural Phi¬ 
losophy, . 11 

-H. New England, ..... 25 

Agriculture,. 2 

Aikin’s Elizabeth and James I., .. 25 

Algebra.*. 13 

Allen’s Mechanics, . 12 

America,.26 

American Institute’s Lectures, ... 15 


Conversations on Chemistry,. 4 

- Natural Philoso¬ 
phy, .24 

Davy’s Agricultural Chemistry,.. 4 

Day’s Algebra,. 13 

Duties to God,..20 

-others,. 18 

-ourselves,. 16 

Dyer and dyeing,. 6 


Belknap’s Biography,. 

- New Hampshire,. 

Berthollet on Dyeing,.. . 

Bible,. 

Bigelow’s Technology,. 

Biography,.. 

Bounycastle’s Algebra, .. 

Brunton’s Mechanic’s Text Book, 
Builder’s Pocket Manual,. 

Cambridge Mechanics and Phys¬ 
ics, . 

Carpenter, ... 

Carpentry,. 

Charity,. 

Cheever’s Studies in Poetry,. 

Chemistry, books on,. 

-useful to farmers,. 

-—-mechanics,... 

Civil Engineering,. 

Classification of tne arts,. 

Colburn’s Algebra,. 

Conscience,. 

Conversations on Botany and 

Vegetable Physiology,. 

1 * 


25 

25 

17 

25 

10 

25 

13 

12 

12 


11 

7 

12 

19 

26 

10 

2 

6 

12 

5 

13 

17 

4 


Economy of time, a duty,. 16 

Emerson’s Mechanics,. 11 

Euclid’s Geometry,... 13 

Europe,.26 

Exercise of the faculties,. 17 

Ferguson’s Lectures, .. 11 

Flint’s Geography,.25 

-Valley of the Mississippi, . 25 

Forest Trees,. 3 

Franklin’s Life,.24 

Geography,.26 

Geometry,.. 8 

Goldsmith’s Histories,. 25 

Greek language,. 14 

Gregory’s Mathematics for Prac¬ 
tical Men,. 12 

Guide in Reading,.26 

Hale’s Carpentry,. 12 

-- Geography,.26 

Hall’s Lectures on School-keeping, 15 
Henry’s Chemistry, . 17 














































































6 


INDEX TO THE APPENDIX. 


Page. 

History, importance of, and books 

on,. 25 

Howard’s Life, .24 


Instruction,. 13 

Irving’s Columbus,.25 

Joyce’s Scientific Dialogues, .... 11 

Lacroix’s Algebra,.13 

Latin language, . 14 

Legendre^s Geometry,. 13 

Library of Entertaining Knowl¬ 
edge, . 23 

-Useful Knowledge, 10-13 

Light, effects of,. 7 


Mackintosh’s England,..26 

Malte-Brun’s Geography,.26 

Marshall’s Washington, ..25 

Mason, art of the,. 9 

Mason on Self Knowledge,.24 

Massachusetts, Histories of,.25 

Master and apprentice,.20 

Mechanics, uses of, . 9 

- , books on,. 12 

Moral Philosophy,. 16 


Politeness, 

Pursuits in life,...... 1 

Reading, uses of,............... 

Religious duties,.. 

Robertson’s America,. 

- Charles V.,.;.. 

Sciences,. 

Scientific Class Book, ... 

Scott’s Napoleon, .. 

-Tales,. 

Sganzin’s Civil Engineering, .... 
Smellie’s Philosophy of Natural 

History,.... 

Social duties,... 

Sullivan’s Maine,. 

Tanner,. 

Temperance,.. 

Thomson’s Chemistry,. 

Trumbull’s Connecticut,.. 

Truth,.. 

Tudor’s Letters, and Life of James 

Otis,..... 

Turner’s Chemistry,.. 

Tytler’s History,. 



Natural History,.23 

-Philosophy,. 11 

Newman’s Rhetoric,.26 

New Testament, ..14-21 

Painter,. 6 

Paley’s Moral Philosophy, .21 

- Natural Theology,. 24 

Parent and child,. 20 

Parkhurst’s Moral Philosophy, ... 15 
Perkins’s Historical Sketches of 

the United States,. 26 

Personal duties,. 16 

Plutarch’s Lives,.24 

Poetry,.26 


Ure’s Chemical Dictionary, 
Useful Arts and Trades, .., 


Walker’s Geometry,.. 
Washington’s Life, ... 
Watts on the Mind,... 
Webster’s Qhemistry,. 

Wesley’s Life,. 

Whelpley’s Compend, 

White’s Life,. 

Willard’s Republic,... 
Williams’s Vermont,.. 

Wood's Algebra,. 

Worcester’s History, . 














































































THE 


POLITICAL CLASS BOOK. 


CHAPTER I. 

On tJie Laws which govern Men in Society 

1. Reason, or the mere light of nature, does not make 
known to us with certainty either our origin or destiny. We 
know that we did not form ourselves, either as to mind or 
body ; nor call ourselves into being : nor do we know when 
life will end, though we know it must end. We see that 
there are families, and that there are many relations arising 
out of family ties ; that many families, dwelling in a ueigh- 
borhood, make a society, or community ; that many commu¬ 
nities of families make a nation ; and that a nation occupies 
a part of the surface of the earth, as its own. 

2. We know that the earth is fitted to be our dwelling- 
place ; that all things necessary to human life, and comfort, 
and pleasure, except heat, light and air, come in some way, 
with or without man’s labor, from the earth, or its waters. 
We know that the earth performs its journey around the sun 
once in every year; that from this motion the variety of sea¬ 
sons is derived ; that it turns on its own axis once in every 
twenty-four hours, having always advancing day over one 
half its surface, and retiring night over the other. We see 
that, with the coming of the seasons, the same changes 
recur ; that in winter the earth is bound with frost; that in 
spring the vegetable kingdom lives again ; that summer pro¬ 
duces its fruits, and its harvests; that autumn withers and 
destroys ; and that winter comes again with frost and snow. 
We see that these changes are connected with animal life , 
in that part of the globe which we inhabit. The spring, 
summer and autumn are the periods of labor to provide for 
the passing from the old to the new year. These recurring 




8 


POLITICAL CLASS BOOK. 


changes impose the necessity of being industrious, and of 
providing for wants which are sure to come. From these re¬ 
lations, rightly understood and observed, the good order of 
society arises. We see that the sun is the source of light 
and heat; and that, though it is at a great distance from the 
earth, the changing of the seasons depends on its influence. 
When our side of the globe is turned from the sun, and the 
absence of its light permits other luminaries to be seen, the 
vast space above us appears to abound with bright orbs ; and, 
knowing as we do the magnitude of some of them, and the 
distance of some of them from us, and from each other, 
the mind is filled with veneration and awe at the gran¬ 
deur and magnificence of the universe. The question that 
naturally rises in the mind is, How came this universe into 
being ? 

3. This can be answered, by the light of reason, no other¬ 
wise than by feeling a solemn conviction, that there is some 
Great First Cause, who created and ordered all that we 
perceive; that the same Cause continues to govern accord¬ 
ing to his own laws; and that iie is Everywhere present, to 
preserve the beautiful order which reigns throughout. His 
power is shown not less in the delicate forms of vegetable 
and animal life, which the naked human eye cannot see, 
than in man himself, in the earth, the sun, and the number¬ 
less worlds which exist in the firmament. Mere reason 
infers, that to this Almighty Lawgiver adoration and obedi¬ 
ence are due from all created beings whom he has blessed 
with the power of raising their thoughts to him. But mere 
reason does not disclose the answer to the anxious inquiry, 
What is the destiny of man ? Is that being, who is made 
capable of thinking of another and superior existence, shut 
out from it 1 Does he end here, and remain forever ignorant 
of all that his humble senses and poor thoughts cannot dis¬ 
close to him 1 

4. The hope of future life is natural to the human mind ; 
but we know, from the writings of eminent men, who lived 
before the time of the Christian revelation, that unassisted 
reason cannot assure us of existence beyond the present be¬ 
ing. Wherever belief in future life, not derived from Chris¬ 
tianity, ha.s been entertained, such life was supposed to con¬ 
sist of earthly good unmixed with earthly evils, or of earthly 
evils unrelieved by any good.* The doubts and perplexities, 


Pope's Essay, Enis. I. line 99, &c. 



POLITICAL CLASS LOOK. 


9 


which hung over human hope, were at length dispelled by the 
revelation of Christianity. From this source we are assured, 
not only that there are laws for human life, but also what 
they are ; that they extend beyond this transitory scene ; 
that welfare here, and future condition, depend on knowing 
what these laws are, and in rendering obedience to them. 


CHAPTER II. 

The Sources of Knowledge. 

5. What the human mind is, is not known, nor to be 
known. Whether there be, or be not, innate (or inborn) 
ideas in the mind, is a point on which philosophers are not 
agreed. The knowledge of outward objects is conveyed to 
the mind through the senses. The eye (or vision, from the 
Latin video , to see) makes known the color, shape, size and 
distance of objects. The sense of feeling makes known soft¬ 
ness, hardness, smoothness, form, &,c. ; that of smelling 
makes known the fitness or unfitness of substances for our 
use ; that of tasting renders like services. The ear is given 
to assure us of danger or security ; both the eye and the ear, 
to maintain our connexion with persons and objects ; and all 
the senses to be sources of pleasure and of pain. By the 
frequent use of the senses, they become more and more 
acute. In many mechanical employments, as in painting 
and sculpture, the eye attains to surprising exactness. 
Among musicians, the sense of hearing acquires a wonderful 
accuracy in distinguishing sound from sound, and one sound 
from all others, when very many come to the ear at the same 
time. The sense of feeling makes known to the skilful the 
qualities of many objects, which cannot be discerned by 
others. The like remarks apply to the other senses. The 
perfection of the senses depends on original formation, 
and on the use which is made of them in education, and in 
business or pleasure. 

6. When the senses have conveyed to the mind a knowl¬ 
edge of things without us, we have the power of retaining 
that knowledge, and can recall the impressions made, and 
think of them, and seem to see the outward objects before 
us. We separate and combine anew the images in our 
minds, which can Be made to exist in reality ; as, for exam- 



10 


POLITICAL CLASS BOOK. 


pie, a house, ship, a picture, mechanical machinery. In 
like manner, poems, sermons and books are formed out of 
ideas gained through the senses, and out of innate ideas (if 
there be such) which are reformed and arranged by think¬ 
ing. The thoughts of one mind come to other minds by 
speech, writing or printing. From our experience of what 
the mind can do with the impressions and ideas (that is, with 
what it perceives to exist in itself), we suppose it to have 
certain powers and faculties. Reason is said to be that 
power whereby the mind comprehends truths, which are 
necessary and universal in their application ; as that the vio¬ 
lation of the laws of our nature is wrong ; or that two things, 
each of which is equal to a third, must be equal to one an¬ 
other. Reasoning is that faculty whereby we deduce un¬ 
known from known or given truths. Judgment is that 
faculty whereby the mind can compare the relation of its 
ideas to each other. Judging is the process by which the 
mind comes to a conclusion from such comparison. Mem¬ 
ory is that faculty by which the mind recalls what it has 
formerly perceived, felt or thought. That faculty by which 
we are determined to do, or not to do, is called the will; 
that by which we range through created or fanciful being, 
we call the imagination. Passions are strong excitements 
of the mind relatively to external objects. Though we speak 
thus familiarly of the mind, we know nothing of it but from 
its operations. Its connexion with the earthly matter of 
which we are formed, is above human comprehension. 

7. Other animals besides men have the power of making 
themselves well understood by sounds; but speech, with the 
uses which can be made of it, is that exalted faculty, which 
places man far above all other animals. Speech is connect¬ 
ed with the mind, of man, and mind connects him with his 
Creator. 

8. The power of preserving thoughts by writing or print¬ 
ing, is another beneficent gift to man only. By these means 
we may know what others think and do in remote countries, 
and what has been done and thought in the past ages of the 
world. Thus the treasures of the human mind descend 
through successive generations, although the minds in which 
they were formed, and the frames which these minds inhab¬ 
ited, may have long ceased from the earth. 

9. Another source of knowledge, and on which many of 
the most important acts of our lives depend, is this : We know, 
that, under certain circumstances, a certain consequence has 


POLITICAL CLASS HOOK. 


11 


usually followed. We do not know that it certainly will fol¬ 
low ; but the expectation is so strong, that we act ypon it as 
a certainty. 

10. We cannot know that placing a youth in the way to 
receive an education, and knowledge of some art or science, 
will enable him to live, and thrive, and become useful to him¬ 
self and others. But as such efforts have been usually suc¬ 
cessful to some extent, every parent endeavors to give his 
children the opportunity of making the experiment. 

11. We observe that persons are, by nature, different in 
external form, and in the qualities of the senses, and in the 
power of using what the senses send into the mind. We 
know that both bodily and intellectual power depends much 
on habit and discipline. We see some children, who are ap¬ 
parently well gifted by nature, who have not the opportunity, 
or who neglect to use it, of improving their senses and their 
minds. We see others, who are, by nature, less fortunate, 
who use opportunities with great diligence, and.who become 
superior to the former. 

12. There is, probably, as much of difference among chil¬ 
dren in natural disposition, or temper, as in the senses and 
qualities of the mind. Education is intended, among other 
things, to strengthen good dispositions, and to correct erro¬ 
neous or defective ones. The effect of education on the nat¬ 
ural qualities of individuals cannot be clearly defined. There 
must have been many persons, whose propensities were nat¬ 
urally wrong, who have been saved from disgrace by disci¬ 
pline, and thereby made good members of society. So, also, 
there must have been thousands, who were naturally well 
disposed, and adapted to be worthy in themselves, and an 
honor to society, but who have been tenants of prisons, and 
some of whom have left the world as condemned criminals. 
What an appeal is this, to those who have the ordering of so¬ 
cial welfare, to provide, and apply, the means of moral in¬ 
struction ! 

13. Supposing these, views of our nature to be substantially 
riffht, the object of the following chapters is, to point out to 
the youths, who are in the course of education, their relation 
to* each other, to society, and to their country ; and to show, 
in a plain and simple way, the excellence and value, beyond 
all price, of the political condition in which they exist. The 
further purpose is, to give some information of the social sys¬ 
tem, of which they are to become active members, and on 
which their own happiness, in common with that of all around 


12 


POLITICAL CLASS BOOK. 


them, absolutely depends. The plan is, first, to sketch the 
principles on which society is formed ; secondly, to show the 
fitness of the state government to accomplish the intended 
object of it; thirdly, to do the like as to the national govern¬ 
ment ; fourthly, to notice some subjects which concern those 
who are approaching manhood, and those w T ho have risen to 
be citizens. 


CHAPTER III. 

Men considered individually and socially. 

14. We see that men are so formed, that each one must 
have a care for his own safety and subsistence ; that each one 
has wants, and is forced to find out means to satisfy them. 
This is a common rule to all the human race, however dif¬ 
ferent may be the nature of their wants, and means of satis¬ 
fying them. But as men are necessarily to live in a social 
state, other laws arise. Certainly the Creator has given to 
men the power of knowing the laws intended for their gov¬ 
ernment. He has left them free to act according to what is 
seen to be right, and to have the benefit of obedience ; or to 
act against what is right, and to suffer the consequences. 
No observing mind can doubt, that the vegetable kingdom is 
preserved, that the myriads of animated existence are con¬ 
tinued (ever changing individually, though ever the same in 
species), not only from year to year, but through successive 
ages, by immutable laws. How, then, can it be doubted, that 
there are laws for moral and intellectual being ; or that ig¬ 
norance of these laws, and disobedience to them, when 
known, degrade man below the rank which he is permitted 
to hold! 

15. Our first duty, then, is, to use the gift of reason in 
learning the laws which are prescribed to us. 

16. The first fact that presents itself to our notice is, that 
men cannot live each one by himself, but must live together, 
or in society ; that the wants of each individual must be such 
as may be gratified consistently with the like rights in 
others,—since, by the law of nature, all men are equal in 
this respect. 

17. The fundamental principle,of society is this—that the 
wants and rights of each member sTlall be regulated by the 



POLITICAL CLASS BOOK. 


13 


rights and wants of every other. Writers have entertained 
different opinions as to the way in which men formed society 
in the beginning. 

18. It is not easy to see how men could agree beforehand, 
that there should be society ; but it is very clear, supposing 
society to exist, that it might gradually improve, from the 
very nature of man ; and that customs, rules and laws would 
come. 

19. We can imagine some families dwelling near each 
other. At first, they might get food from the natural prod¬ 
ucts of the earth, and from the animals of the forest, and of 
the shores, and the streams. The food, so obtained, might 
be divided among them as a common stock, obtained by 
joint exertions. Their habitations might be made by joint 
labor. Their defence against enemies, and their warring 
against them, must have depended on the union of their 
strength. Some of the wants common to all might be sup¬ 
plied by joint efforts. Some rules, however simple, would 
necessarily exist. There would be a sense of right and 
wrong. The question what is right, implies the existence of 
a rule. This rule was found, probably, in the will of the 
chief, who may have become such because he led in war 
When certain questions have been settled in a certain way, a 
rule arises. A rule, long followed, becomes a law of the 
strongest authority. Supposing such a collection of persons 
to be capable of improvement, they would supply wants, as 
numbers and means increased, by exchange or barter. 

20. It would soon be found, that there must be a division 
of labor , because each one might, by devoting his time to one 
occupation, produce more than if his time and attention were 
given to many different employments. Thus, if the same 
man were a baker, a blacksmith, and a housewright, he must 
have means of carrying on all these trades. As his attention 
and time would be divided on three objects, he would be less 
skilful in each, than if confined to one. Ilis cost must be 
proportioned to his number of callings, but his gains would 
not be. Thus each one, led, by necessity or inclination, to 
pursue some particular employment, would become skilful in 
it, and would be able to produce more than he needed for his 
own use, and would have something to dispose of. For a 
while, a small community might go on, by exchanging one 
article for another, to supply the wants of each member. But 
as numbers, and improvements, and wants, increased, the 
exchanges would become more and more difficult. The 

2 


14 


POLITICAL CLASS BOOK. 


person who had on hand the product of his labor, and who 
needed that of another, might find the latter supplied with, 
or in no want of the article which he had to part with. The 
difficulties arising in making or measuring the value of the 
necessary exchanges, introduced a common measure under 
the name of money. The word money is found in many dif¬ 
ferent languages, and nearly the same in all, and is derived 
from the word mint (now used to signify the place of coin¬ 
ing) ; and both are supposed to be derived from mine, the 
place whence the precious ores come. Another supposition 
is, that the word money is derived from mene, numbered. 
(Daniel v. 25.) 

21. It is a provision of the Creator, that gold, silver and 
copper should be found in such quantities and in such places, 
and that they should be obtained with such labor, and be of 
such value, as to make just what is wanted for the conveni¬ 
ence of mankind, as the common measure in exchange. 
These metals pass, or are current (whence currency), in the 
world under the authority of a known stamp, without weigh¬ 
ing. Thus money becomes the common measure of all 
things ; not only of products of labor, and of all sorts of prop¬ 
erty, but of services, of whatever description. The teacher 
of religion, the physician, the instructer of youth, and all that 
class of persons who can do something which the members 
i>f a community want to have done, are paid in money, with 
K'hich they can supply their own wants. 

22. The value which is thus given to the precious metals 
is derived from the common consent of mankind, and from 
their peculiar qualities and scarcity, and from their fitness 
to be made the measure of all things valuable. A household 
article made of gold is not of any greater value, for mere use, 
than one made of clay, or of inferior metal, unless for the 
reason that it is less liable to be destroyed in the use. It is 
within common experience, that iron, and especially when 
formed into steel, is much more useful than gold, or silver, or 
copper can be. 

The world have consented, universally, to regard gold and 
silver as the measure of all property. In every country, the 
value of every earthly thing that can be bought or sold, and 
of every service that can be rendered, is known by compar¬ 
ing it with a sum of money. To have money, therefore, is 
to have the command of property, and of all things which are 
not more valuable than money—as one’s integrity, one’s self- 
respect. 


POLITICAL CLASS BOOK. 


15 


23. As numbers, and wealth, and wants increase, the la¬ 
bors of the members of a community become more and more 
narrowed down to exclusive pursuits. The village grows into 
a town; the town becomes a city. The inhabitants of a 
great city are engaged in many separate occupations, each 
one adhering to his own calling, and, in general, trying to get 
money, wherewith to supply wants, whatever they may be. 

An extensive and varied society, embracing farming lands 
manufacturing and commercial communities, villages, towns, 
and cities, and wherein a great amount of property is con¬ 
tinually passing from one to another, cannot go on pros¬ 
perously, and with equal justice to all its members, without 
established laws. But such laws, however just and righteous 
in themselves, are unavailing unless there be a faithful ad¬ 
ministration of them. 


CHAPTER IV. 

On the Means by which the Order of Society is preserved. 

24. To show the necessity of having laws, let us suppose 
that the inhabitants of a great city are suddenly freed from 
all moral and political restraint; that each one may take and 
use what he can, and do every act, as to persons and prop¬ 
erty, which selfishness and evil passions may suggest. Every 
citizen must immediately arm himself; families and neigh¬ 
borhoods must unite for mutual preservation. War must 
arise between different combinations. There would be rules 
for attack and defence, and for governing each association, 
not only as to its enemies, but as to its own members. Some 
one would assume the command from necessity, and would 
govern by consent, and then by authority, then by force, and 
then by tyranny. Or we may suppose that such a chief, with 
some associates, would exercise such power; or that the 
members of such a community would meet, and agree that 
some things should be, and some things should not be done ; 
that some agents should act for the whole ; that disobedience 
of the rules agreed upon should be judged of and punished. 

25. From such elements all governments must have origi¬ 
nated. Thus government of some sort springs out of soci¬ 
ety, and society cannot exist without it. It is the only secu¬ 
rity against foreign foes, and against the wrongs which the 



16 


POLITICAL CLASS BOOK. 


members of a society may do against each other, and the 
only agency by which justice can be administered. It is 
plain that government must be good or bad, according to the 
laws which exist in it, and the fidelity with which they are 
applied. The great family of mankind, scattered, as it is, 
over the face of the earth, shows all the varieties into which 
human society can be cast. 

26. Well regulated society means the security of person and 
property, and the natural enjoyment of rational life ; that is, 
that each individual may lawfully acquire, possess and use all 
things which are necessary, convenient and agreeable to him, 
excluding possession and use by all other persons, unless with 
his consent. Society is said to be the best which human 
condition permits, in proportion as each member of it is free 
to use his faculties, in obtaining the means of happiness, with¬ 
out disturbing others, who are using their faculties to the like 
end ; and when each member is protected by fixed, equal and 
just laws, faithfully and impartially administered. 

The forms of government which have prevailed in the 
world, have been little adapted to these purposes. Generally, 
the mass of the community have been subjected to one or a 
few. The most common forms of government among nations 
have been the following :— 

27. First , the dominion of one man over all his nation, 
maintaining his power by having part of Tiis subjects armed, 
to keep the rest in awe, or by having a force of hirelings. 
This power has been aided by long continued habit, by igno¬ 
rance of the people that there could be any better condition 
for them ; and sometimes religious fear and superstition have 
greatly aided the purposes of the ruler. This is called des¬ 
potism, or tyranny. (Despot and tyrant are words derived 
from the Greek language, the former meaning master , the 
latter Icing. Neither of them was originally used in an 
odious sense.) The governments of the eastern nations have 
always been of this cast; those of Russia, Prussia, Austria 
and Spain, are not much removed from it, though private 
property is, practically, as secure in these as in other states 
in Europe. The sovereign has no guide but his own will. 
Whatever the forms may be, persons and property are at his 
absolute disposal, if he chooses to have it so. 

28. A similar power has been sometimes exercised by a 
few persons combined together, and producing nearly the 
same result to the subjected. When tyranny is in the hands 
of a few, it is called an oligarchy; from the Greek, signifying 


POLITICAL CLASS BOOK. 


n 


the government of a few. The word aristocracy , from the 
same language, signifying the government of the best, is 
sometimes used in an odious sense. 

In both these kinds of rule, the power has been acquired 
originally by military usurpation, and continued in right of 
succession by birth ; or, on the fall of one usurper, new ones 
have arisen, but always with the same ill fortune to the people. 

29. Another form of government has been known less fre¬ 
quently among men, consisting of the dominion of one man, 
holding his rank by right of birth, but with a limitation to his 
power resting in a class of men noble by birth, and some of 
whom have been rich in lands and dependants, and who 
could present a strong barrier to the exercise of absolute au¬ 
thority. Such was the state of things in England, and on 
the continent of Europe, in what are called the middle ages; 
and when the land was divided among great chieftains, and 
the people were considered as vassals, or slaves, and sold with 
the land. 

30. Another form of government has been that which is 
commonly called a mixed monarchy, in which there is a king, 
nobles, and some acknowledged rights in the great body of the 
people, or some privileged part of them. Of this description 
is the present government of England and that of France. 

31. A fifth form of government is a republic, derived from 
res, a thing, and publicus, public, common, or belonging to 
the people. Commonwealth has the same meaning as repub¬ 
lic. Such is the government of the several states in our 
Union, and of the American nation. 

32. Some of the Greek governments were properly democ¬ 
racies ; derived from demos, people, and kratos, government, 
which means ruling by act of the people. There may be 
such governments, where the whole community is comprised 
in a very small space, as a city and its neighborhood, and where 
all the people can meet in one assembly, and make, judge 
of, and execute the laws. There cannot be such a govern¬ 
ment here, unless it be in those things which the people of a 
single town can manage. Our governments are properly 
representative republics ; that is, the people are ruled by those 
whom they choose to represent them. No thoroughly organ¬ 
ized system of representation of all the people ever existed 
before. One who desires to have our country ruled by de¬ 
mocracy, and one who desires to have it ruled by a monar¬ 
chy, may be said to be equally at variance with our forms 
of government. 

2 * 


16 


POLITICAL CLASS BOOK. 


33. In the four first mentioned descriptions, the rulers and the 
ruled are strongly distinguished from each other. The rulers 
speak of the government, and treat it as their own, of right. 
The kings of England use expressions like these—“ my ar¬ 
mies,” “ my navy,” “ my people*,” “ my courts of justice,” as 
though the great mass of the people were not interested or 
concerned, otherwise than to render obedience. But in a 
commonwealth, government is carried on for the common 
benefit of all the people , and they are the fountain of sove¬ 
reignty. 

34. In limited or mixed monarchies, there is usually a con¬ 
stitution or charter. Constitution is formed from the Latin 
words con , with, and statuo, to resolve, fix or establish, 
and means an agreement between a whole community and 
each one of its members. It may contain any provisions 
which the contracting parties see fit to adopt. It is to be ex* 
pounded only by its own words, and the usage which grow s 
up under it. The constitution of England is frequently re¬ 
ferred to, but it is not written. It is founded in solemn con¬ 
cessions, WTested from successive princes by their subjects, 
and on acts of parliament, and on immemorial usage. 

In republics, the usual basis of government is a constitu¬ 
tion or written code of principles, agreed upon and adopted 
by those over whom it is to be administered. It defines the 
power w r hich may be exercised, and the mode in which rulers 
shall come into power, and in which they shall cease to exer¬ 
cise it. 

35. In republican governments, the distinguishing quali¬ 
ties of a constitution are,—that it provides for the manner in 
which laws shall be made ; what laws may be made ; and by 
whom and in w'hat manner they shall be administered. In 
some instances, a constitution declares the rights which the 
citizens living under it shall have, and also that certain pow¬ 
ers shall not be exercised over them. In other constitutions, 
such declarations are omitted, and the rights of citizens are 
to be inferred from what is provided for. The constitution 
of Massachusetts contains a formal bill of rights ; that of the 
United States does not, in form, but it declares that certain 
powers shall not be exercised; or so limits and defines the 
mode of exercising the powers given as to come to much the 
same thing as such a declaration. It may be doubtful which 
is the best mode. No enumeration of rights can be perfect; 
nor is any declaration effectual, unless the constitution and 
laws provide for their secure enjoyment. 


POLITICAL CLASS BOOK. 


J9 


36. It may be safely asserted, that the wisdom of man has 
never invented any forms of government more wisely adapted 
to the promotion of the common welfare and happiness, than 
those of the United States ; and that no union of states, 
although there have been many in other countries, in past 
times, was ever so wisely designed, or so successful in ac¬ 
complishing its purpose, as that under which we have hith¬ 
erto had the good fortune to live. 


CHAPTER V. 

The Government of the State of Massachusetts. 

37. In the constitution of this state, its purpose is declared 
to be, to secure to each member of the community, safety, 
tranquillity, natural rights, and the blessings of life. The 
means of doing this are expressed to be, by making the whole 
community of people “ a body politic,” by voluntary associa¬ 
tion or “ social compact” or agreement, whereby each one 
covenants with the whole, and the whole with each one, that 
the whole people shall be governed by certain laws, for the 
common good. 

38. A body politic is a corporation; which means, a 
number of persons acting under one name. This word is 
derived from the Latin word corpus , which means body. 
Although there cannot be a corporation without natural per¬ 
sons, yet the same persons are not necessary to it. Corpo¬ 
rations continue, however often the persons in them may 
change. A corporation may be likened to a bee-hive. If 
one has a bee-hive for several years, he would call it by that 
name, and obtain from it his honey every year ; but the bees 
would be changed more or less every month ; and at the end 
of two or three years, there would be an entire change of 
every inhabitant of the hive. But it would still be known by 
the name of the bee-liive , and annually yield the fruit of in¬ 
dustry. The state of Massachusetts is a corporation ; so is 
every bank, turnpike, and every collection of persons, who act 
under a common name, in virtue of a public laiv. No new 
corporation can exist but by a law of the state. What a cor¬ 
poration is, or can do, depends on the enabling powers which 
the law creating it gives. The evidence that the people of 
Massachusetts agreed to be a corporation, is the constitution 



20 


POLITICAL CLASS BOOK. 


which they adopted. The powers which they intended to 
have exercised are expressed in that instrument. The origi¬ 
nal is kept in the office of the secretary of state. Copies of 
it are printed, and are found in every town ; and a copy is 
always contained in the statute books published by au¬ 
thority. 

39. It is remarkable, as our constitution was made in the 
midst of the war for independence (1780), and when it was 
at least uncertain what the end of that war would be, that 
it should have been made with so much coolness and wisdom. 
An experience of forty years, and during great changes, and 
many important events, has proved that it was originally 
nearly perfect. A faithful and patient examination by a con¬ 
vention, delegated by the people, was made in 1820. It was 
found to have been fully adequate to the beneficial purposes 
for which it was framed. Some slight amendments were 
then proposed and adopted by the people, which will be men¬ 
tioned hereafter. 

40. It should not be overlooked, that, although this coun¬ 
try was under the kingly government of Great Britain, from 
its earliest settlement to the commencement of the revolution, 
which secured independence by a separation from the parent 
country, the habits of the people were always essentially re¬ 
publican. Our ancestors, at an early period, formed their 
communities into towns and counties, and the same divisions 
were continued when our republic was established. Revo¬ 
lution means a change in the government of a country, li 
may happen in any sort of government. For example, the 
French put their king to death in 1793, and called their 
country a republic. But a revolution may happen, also, by 
the change of one king for another, as in England in 1688; 
and by usurpation, as in Sweden in 1772 ; and again in 
France, by expelling the reigning family, reforming the sys¬ 
tem of government, and choosing a king (July 1830). 

41. When the time came for making a constitution, there 
was nothing to change in the opinions and habits of the peo¬ 
ple, and little more to do than to transfer the sovereignty 
from the king to the people , and solemnly to declare the prin¬ 
ciples on which government should be founded, and clearly 
to define the manner in which these principles should have 
effect. 

42. As it is the duty and the interest of those who rule in 
our republic to promote the common good, so the duty of each 
citizen is, to be respectful to the rulers, and obedient to the 


POLITICAL CLASS BOOK. 


21 


laws. As each one relies on the government for security and 
protection, so each one is bound to render his personal ser¬ 
vice, and to contribute his portion to the common expense of 
maintaining the state. If it may not be asserted, that no 
government but such as is founded on the principle of equal 
rights and rational liberty to all, is consistent with the laws 
of the Creator, it may be said, that no form of government 
seems to be so much so. 

43. As the real foundation of government among us is 
the people, it is first to be considered in what manner the 
people exercise their powers of sovereignty. All the people 
cannot act in one assembly, nor each one in his own name. 
Hence there must be many places of meeting, and some name 
common to many. The acts of the people must be made 
known in some agreed manner. The people exercise their 
political rights by the general name of inhabitants of towns. 
All the political acts which they may do collectively must be 
done in town meetings. The people may assemble in such 
meetings, in an orderly and peaceable manner, to consult 
upon the common good, to instruct their representatives, and 
to petition the legislature for the redress of wrongs, or to 
remonstrate against grievances. The people have reserved 
to themselves the right to assemble when and how they 
please, in an orderly and peaceable manner, otherwise than 
in town meetings, to consult on the common good. The 
acts of such meetings have no legal force. Among such 
meetings may be classed lyceums, assemblies to hear lec¬ 
tures ; caucuses, held by electors to confer together, and 
agree on candidates for office. The word caucus was first 
used in Boston, about the beginning of the revolutionary 
times. Its origin is not ascertained ; it has now a well known 
meaning, and is in common use throughout the United States. 
The inhabitants of each town are declared to be a body poli¬ 
tic and corporate. Their acts, as such body, are known by 
the record of their proceedings, duly certified by proper 
officers. 

44. When a town meeting is necessary, the law requires 
that the selectmen shall issue a warrant, setting forth that a 
meeting is to be held, and for what purpose. The inhabi¬ 
tants who are qualified to attend and act, are to be duly no¬ 
tified thereof by the constable,* or such other person as the 
selectmen shall appoint to notify them. 


* The first use of this word was (comes stabuli) count of the stables, or mas¬ 
ter of horse of an emperor. Afterwards it meant the highest military office 



22 


POLITICAL CLASS BOOK. 


45. The next corporate bodies known in the constitution 
are counties, which are divisions made for the purpose of 
administering justice within them. Counties are composed 
of one or more towns. 

46. All the counties together make the next and last de¬ 
nomination of the political system, viz. ‘ the state.’ 

47. The law-making and the executive power arises from 
the votes of inhabitants of towns, and is thus provided 
for:— 

The constitution expresses (in the 3d article of amend¬ 
ment adopted in 1820), that every “ male citizen of twenty- 
one years of age and upwards, excepting paupers and persons 
under guardianship, who shall have resided within the common¬ 
wealth one year, and within the town or district within which 
he shall claim a right to vote, six calendar months, next pre¬ 
ceding any election for governor, lieutenant-governor, sena¬ 
tors or representatives, and who shall have paid, by himself, 
his parents, master or guardian, any state or county tax, 
which shall, within two years next preceding such election, 
have been assessed upon him, in any town or district of this 
commonwealth; and also every citizen who shall by law be 
exempted from taxation, and who shall in all other respects 
be qualified as abovementioned, shall have a right to vote in 
such election of governor, lieutenant-governor, senators and 
representatives; and no other person shall be entitled to vote 
in such elections.” 

48. Before this amendment, there was some distinction 
between those citizens who might vote in affairs of the town 
only, and those who might vote on those affairs and for state 
officers ; but now that distinction is abolished in effect. The 
assessors are required by law to make a list, annually, of 
voters, and to publish it. They are also required to meet, on 
some day previous to an election, to receive evidence of qual¬ 
ifications to vote, and to add names to the list. A list is 
carried to the place of election, and no one is allowed to vote, 
whose name is not found thereon. Persons who vote, 
knowing themselves not to be qualified, are subject to a 
fine. 

49. The city of Boston does the same acts, in relation to 
all state affairs, which towns do ; that is, it takes its share in 
all elections of state officers and rulers, and pays its part of 

and then the highest civil office, under a sovereign. Constable means the 
lowest executive officer, as used in the United States. His duties arise in part 
by common law, and in part by statute law. 1 




POLITICAL CLASS BOOK. 


23 


taxes, &c. But its interior government is exercised in a dif¬ 
ferent manner, and by officers of different names from those 
known in towns. This is so, from the law or act incorpo¬ 
rating the city. This act is sometimes called the charter , 
which means nothing more than the law written on paper, 
charta being a Latin word, meaning paper. The citizens of 
Boston, instead of assembling in town meeting, assemble in 
wards or divisions of the city. Instead of voting in the pres¬ 
ence of selectmen, they vote in the presence of ward officers. 
Instead of having selectmen, they have four representatives 
from each ward, and a board of aldermen, and a mayor. 
Thus they have a city legislature of two branches, each hav¬ 
ing a negative on the other. The mayor is the executive 
officer. The city is a little republic. 

50. Justice is administered by officers different from 
those in other places, though the same laws are adminis¬ 
tered, with the addition of such as are made by the city leg¬ 
islature. 

51. There is a court of civil causes of twenty dollars, and 
less, peculiar to the city ; a court of criminal jurisdiction for 
small offences, called the Police Court; and a court of 
criminal trials of all offences between a justice’s court and the 
Supreme Court. This is called the Municipal Court, and it 
punishes all offences which are not punished with death. 
The word municipal is derived from a Latin word, which 
meant taking a gift, and was applied to taking the gift or 
privileges of citizenship, in a city ; and then was used to mean 
things pertaining to a city ; and, as applied to this court, 
means the City Court, if it has any meaning. The word mu¬ 
nicipal is also used to signify some matter pertaining to the 
interior affairs of a nation, in contradistinction to matters 
which pertain to international law. The judge of this court 
in Boston has no civil jurisdiction. He is appointed and 
holds his office like other judges, and is paid, half his salary 
by the city, and half by the state. 

52. The office of mayor is a very responsible one. It is 
his duty to see that the laws of the city are executed, that 
the public peace and tranquillity are preserved. He has also 
a legislative character, as the presiding officer in the board 
of aldermen. He is, necessarily, aided by subordinate offi¬ 
cers in the exercise of executive power. Mayor is said to be 
derived from an old English word, meyr y and that from miret, 
and means to keep, or guard. 


24 


POLITICAL CLASS BOOK. 


CHAPTER VI. 

On the Authority by which the State Laws are made. 

53. A law is a command to do, or not to do, or a permis¬ 
sion to do, some act. It must be made in relation to those 
who are bound to obey, and must be made by competent au¬ 
thority. There must be tribunals to judge of breaches of the 
law, and power to execute judgments. To show in a strong 
light the difference between absolute despotism and a govern¬ 
ment of constitutional laws,—The sultan of the Turks wants 
money : he orders certain rich men to be put to death, and 
their money put into his treasury. The state of Massachu¬ 
setts wants money. It cannot have such want for any pur¬ 
pose not provided for in the constitution. It cannot supply 
this want from the money of the people, otherwise than by a 
public law, openly and deliberately made ; and whereby each 
citizen will be held to pay his just proportion. 

This law-making power is vested in a “ General Court,”* 
or legislature. This latter word is derived from two Latin 
words, which signify law, and bearing or enacting. Experi¬ 
ence has proved that the power of making laws may be safely 
trusted to the concurrence of two independent branches, sub¬ 
ject to the qualified opinion of the executive chief. This 
principle is common to all the American constitutions. The 
General Court is composed of two branches, viz. the Senate 
jmd House of Representatives. 

54. The number of senators is forty, who are chosen in 
districts composed of several towns, and which districts are 
established by law, from time to time. 

The number of senators which each district may send, de¬ 
pends upon the amount which tl\e inhabitants dwelling within 
that district are liable to pay, as their proportion of the whole 
state tax. But no district can have more than six senators, 
whatever tax it pays. Senators are chosen in town meet¬ 
ings, in each district, on the first Monday in April. The town- 

^ * The word court is (as many of our words are) from the language of the 
Saxons, a people who had conquered and settled in a part of England about 
the year 500. It meant a square in the castle of the chief lord, where his 
people met. With us, it means also the legislative assembly. Here, and 
everywhere in the United States, it means the tribunals of justice. The 
judges (and the judge, when only one sits) are called “ the court.” It means 
also the assembly in a court-house, in common speech. The word court is 
supposed, by some writers, to come from the Latin word curia. The English 
of this word is court ° 



POLITICAL CLASS BOOK. 25 

clerk records the names of all persons voted for, and the 
number of votes for each. The selectmen and town-clerk 
send a copy of that record, certified by them, to the office of 
the secretary of state, seventeen days before the last Wednes¬ 
day of May, to be laid before the governor and council, who 
examine those returns. The secretary is ordered to notify 
those persons who appear to be chosen senators, to attend the 
General Court, on the last Wednesday in May. If it hap¬ 
pens that there is not a choice in one or more districts, the 
choice is made by a convention of senators and representa¬ 
tives, from the two candidates who have the highest number 
of votes. 

55. A convention (derived from two Latin words, signify¬ 
ing to come together) is a meeting of the Senate and House 
of Representatives, in the hall of the latter, at which the pres¬ 
ident of the Senate presides. The two branches constitute 
one body, in such case, as to the act to be done in conven¬ 
tion. The speaker of the House acts only, then, as one of the 
convention. Such conventions are held in consequence of a 
proposal made by one branch to the other, by sending one of 
its members with a message. 

56. Representatives are chosen in May, ten days before 
the last Wednesday. They are chosen from among the in¬ 
habitants in each town, and represent the towns in which 
they respectively live. They are chosen by the inhabitants 
in town meeting, and are certified to have been voted for as 
in the case of senators ; and they carry those certificates with 
them to the General Court. 

57. As the constitution now is, each town is entitled to 
send a certain number of representatives, in proportion to its 
number of ratable polls ,* making an assembly of more than 
five hundred persons. This provision is thought to make too 
numerous and expensive a House. Propositions are before 
the people to amend the constitution in this respect. It will 
be observed that the Senate is founded on representation of 
property ; the House, on representation of numbers in towns. 

58. Senators are called honorable. The constitution does 
not confer this title. The usage may, perhaps, be derived 
from the fact, that the Senate may be resolved into the high¬ 
est judicial tribunal for the trial of impeachments; more 
probably, it is a remnant of colonial usage. The king’s coun¬ 
cil were a branch of the colonial legislature. Its members 


For the meaning of these words, see numbers 72, 73,74. 

3 




26 


POLITICAL CLASS BOOK. 


had the title of honorable. It would not have been matter 
of regret, if it had met the fate of some other usages of that 
time. 

59. The senators assemble in their chamber, and the rep¬ 
resentatives in their chamber, on the last Wednesday in May; 
and the governor of the commonwealth goes into each cham¬ 
ber, where he administers to the members the oath required 
by the constitution. The Senate chooses a president and 
clerk. The House chooses a speaker and clerk. The gov¬ 
ernor is notified who these officers are, and each branch is 
notified, respectively, of the officers of the other, so that each 
may know that papers, sent to them from the other, are sent 
by the proper persons. The governor and council sit, by 
themselves, in a chamber. This chamber is not open to 
spectators. Those of the Senate and House are always open 
to spectators during the session. 

60. When a law is to be made, the subject is usually com¬ 
mitted to a committee, who report a bill, or a written paper 
called a bill, containing the proposed law. If in the Senate, 
the bill is read and debated. If approved of (this is done by 
a vote), it is ordered to be read again, at some future time, 
and it is read. If again approved of by a majority, it is 
passed, and sent to the House of Representatives, where it is 
read three different times, and debated, if members see fit ; 
and if approved of on the three different readings, it is passed. 
If there be not a majority, in both branches, in favor of the 
bill, on each reading, it does not pass. Bills originate in like 
manner in the House of Representatives. All money bills 
originate in the House ; that is, laws for the raising or pay¬ 
ing of money. All bills are read and passed upon in the 
same manner, whether they come from the Senate, or are to 
be sent to the Senate, to be acted upon. Bills are acted 
upon in the Senate in like manner, whether they originate in 
the Senate or come from the House. 

61. As both branches must concur to make a law, each 
branch can prevent the passing of a bill, approved by the 
other. When both branches agree, the bill is copied on 
parchment, signed by the president of the Senate and speaker 
of the House, and sent to the governor. If he approve of it, 
and sign it, it becomes a law ; and the parchment, so signed, 
is kept in the secretary’s office, and a copy of it is certified 
by him, and printed; and it appears in the statute book. 
Tne word statute means an act of the legislature, and is de¬ 
rived from statuo , to resolve or establish. The word law , 


POLITICAL CLASS BOOK. 


27 


(from the Latin) means the thing chosen, or marked out, as 
a rule or guide ; and comprehends all rules made by author¬ 
ity. A statute is a law, though a law may not be a statute. 
If the governor disapprove of the proposed law, he returns 
the bill to the legislature, with his reasons. It is again con¬ 
sidered by the legislature, and if two thirds of each branch 
concur, it is a law, though not signed by the governor. It 
rarely happens that the governor rejects a bill; still more 
rare, that the legislature pass the law after the governor does 
reject it. The power given to him is hardly capable of mis¬ 
use ; and if misused, still the legislature have a remedy in the 
concurrence of two thirds. 

62. The power of the legislature to make laws is limited 
only by the provisions of the constitutions of the state and of 
the United States. Every subject which, in their opinion, is 
connected with the public welfare, is a proper subject for 
their attention. But they have no power to make any law 
affecting any particular citizen by name, individually, against 
his will; except only, that each branch may, by order, im¬ 
prison any person for contemptuous behavior in their pres¬ 
ence. Whenever any legislative measure is proposed, which 
may affect particular persons, and not all persons, it is an in¬ 
variable practice to notify it to the interested party, that he 
may appear, and remonstrate, or be heard before a com¬ 
mittee. 

63. As it is in the power of the legislature to make any 
law within the constitutional limits, so it is in their power to 
repeal any existing law, unless some personal or corporate 
right was conferred by it; in which case they cannot repeal, 
unless the power to do so was reserved in the original act. 
It sometimes happens that a law passes, which is plainly and 
clearly against the constitution. In such case, if the law is 
questioned, and comes before the Supreme Judicial Court to 
be judged of, and is found, by that court, to be irreconcilable 
to the constitution, they declare it to be void. This power is 
known only in the American constitutions. It is exercised 
with great care, and only in clear cases. 

64. Besides the laws so made, the people had, before the 
revolution, the benefit of the common law of England. That 
benefit the people retained in their new constitution, by pro¬ 
viding that all laws adopted, used and approved in the colo¬ 
ny, should continue in force until altered or repealed by the 
legislature. 

65. The common law was brought over by our ancestors. 


28 


POLITICAL CLASS BOOK. 


In England, it is grounded on the general customs of the 
realm. It is founded in reason, and is said by English au¬ 
thorities to be the perfection of reason, acquired by long 
study, observation and experience, refined by learned men in 
successive ages. It is the common birthright for the defence 
of one’s goods, lands and revenues ; and of one’s wife, chil¬ 
dren, liberty, fame and life. Our own statute law provides, 
for example, that murder shall be punished with death ; but 
it does not define what murder is. For this definition we re¬ 
sort to the common law. We find this in the books of au¬ 
thority. These contain the description of the crime ; and 
when a trial is had, these books are read. The principles 
and adjudged cases therein contained, are compared with the 
case on trial, and furnish the grounds of decision. The com¬ 
mon law prescribes the rules of proceeding in a great major¬ 
ity of all the cases, civil and criminal, which are tried in our 
courts. In those cases in which the principles of the com¬ 
mon law have been found unsuitable to our institutions, they 
have been annulled or modified by our own statutes. 

66. It is the duty of the governor to communicate to the 
legislature, at the beginning of every session, his opinion on 
the state of the commonwealth ; and to recommend for con¬ 
sideration such measures as he finds to be proper. This he 
does, either by going personally into a convention of both 
branches, and speaking to them ; or by sending to each 
branch the same written message, which is read to the mem¬ 
bers by the presiding officers therein. If the former course 
was pursued, until very lately, each branch made an answer, 
which was sent by a committee to the governor. This prac¬ 
tice of answering has been wisely laid aside. If all the 
branches are in harmony, that is, free from party divisions 
(as is happily the case at present), answers are useless ; and 
if divisions exist, answers furnish opportunity for party de¬ 
bates. No answer is made to a message. Of late, the latter 
mode is most commonly adopted. 

67. It sometimes happens that legislative debate calls forth 
illustrious examples of learning, patriotism and eloquence. 
Such power has been shown by American citizens in a man¬ 
ner which has rivalled the finest examples of eloquence in 
any country or age. It has been remarked, however, that 
eloquence is not so common an accomplishment as might be 
expected in a government in which so much speaking occurs, 
and wherein the ability t.o address the understanding in a 
persuasive manner, may be applied to the most useful pur- 


POLITICAL CLASS BOOK. 29 

poses. The cause of this is the neglect of proper instruction 
in our seminaries. The art of speaking has not been re¬ 
garded as it deserves to be. 


CHAPTER VII. 

Town Meetings, Choice of Officers, Taxes, fyc. 

68. In the month of March or April, annually, the inhab¬ 
itants of towns must be assembled, in the manner before 
mentioned, for the purpose of choosing town officers. These 
are selectmen, assessors of taxes, town-clerk, constables, over¬ 
seers of the poor, surveyors of highways, and several other 
officers, which the law provides for. At this, or any other 
meeting, all subjects on which towns can act, may be dis¬ 
posed of, provided notice is given in the warrant for calling 
the meeting, that they are to be acted on. For the orderly 
conducting of meetings, some one of the inhabitants is chosen 
moderator, who is what the sense of that word implies. Any 
inhabitant may express his opinion on the subject under con¬ 
sideration, which is usually brought before the meeting by 
reference to the warrant calling the meeting ; and it is de¬ 
cided upon according to the opinion of the majority, ascer¬ 
tained by their votes. 

69. The vote is taken after debate is ended. The mod¬ 
erator states the question, and then calls on those who are 
in favor of it to manifest it by holding up their hands. Then 
he calls on those who are opposed, to do the same. The 
greatest number of votes, on the one side or the other, set¬ 
tles the fate of the question, and it is so recorded by the 
clerk. This record is the only legal evidence of the will of 
the inhabitants. 

70. All officers of the state are chosen by written or printed 
ballot. Ballot is derived from a French word, meaning a 
little ball. Different colored balls expressed yes or no to the 
question to be decided ; each voter having two, and putting 
into a box which of them he pleased. With us, the word 
means a slip of paper, on which is the name of the person 
voted for. Town officers may be chosen by ballot, or in such 
other mode as the inhabitants may agree on. 

71. Besides the choice of officers for the town, and the 

3 * 



30 


POLITICAL CLASS BOOK. 


choosing of state officers, towns have power to do, and are 
required to do, many acts. They may assess upon the in¬ 
habitants all sums of money necessary for town purposes; 
and among them for repairing highways, erecting or repair¬ 
ing buildings, maintenance of the poor, and many other pur¬ 
poses. They may, in such meetings, choOse agents for spe¬ 
cial purposes; order the disposal of all town property ; and, 
generally, do all acts which concern the common welfare, 
within the usual power and authority of towns. But there 
are some things which a majority cannot do. The majority 
cannot bind the minority to pay assessments for purposes 
which towns are not competent to order ; as matters of char¬ 
ity or mere ornament, and many otheTS; it being well un¬ 
derstood, in practice, that the corporate powers of towns are- 
such only as the laws, made in conformity to the constitution, 
require or permit. It is obvious that each citizen retains for 
himself the right of deciding whether he will or will not do 
some things; and as to which the whole community have no 
political power over him. 

72. One object which engages the attention of towns is the 
assessment of taxes for public uses, whether of the state, or 
counties, or towns. 

The process of taxation is provided for in the constitution, 
in these w r ords :—“ While the public charges of government, 
or any part thereof, shall be assessed on polls and estates, in 
the manner that has hitherto been practised, in order that 
such assessments may be made with equality, there shall be 
a valuation of estates taken within the commonwealth anew’ 
once in every ten years, and as much oftener as the General 
Court shall order.” 

73. Under this provision, it is the course of the legislature 
to provide by law for the enumeration of polls, and the valu¬ 
ing of all property in the state. Poll is said to be a Saxon 
word, meaning head. In the constitution, it means a person ; 
that is, the number of heads, or persons, who are liable to 
taxation. Poll is used to signify an election, because the 
result depends upon the nuffiber of persons who act therein. 
“ Going to the polls,” is going to vote, or to the place of 
voting. 

74. The assessors of every town, district or plantation, are 
required to return to the General Court such enumeration 
and valuation. A large committee of the legislature is 
chosen, to whom these returns of the assessors are committed; 


POLITICAL CLASS BOOK. 


31 


and its power and duty is, to compare all these returns, and 
to ascertain what proportion each town in the commonwealth 
is to pay, of any sum which may be required by the state, or 
for the county. To know who is to pay that sum, as well as 
other taxes, which are raised for the town’s use annually, 
the assessors cause the polls to be numbered, and all the 
property in the town to be valued. The proportion of the 
sum to be raised, which may be laid on each poll, is fixed by 
law, and the residue is assessed on property. For example, 
if $1000 are to be raised, $200 may be assessed on polls, 
$800 on estates. 

75. The tax required for state purposes varies according 
to circumstances. When the legislature lays a tax, which is 
done by a law, the treasurer of the state sends his warrant to 
the assessors of each town, who are thereby required to cause 
the sum in the warrant mentioned (being the town’s pro¬ 
portion, as fixed by the valuation once in ten years), to be as¬ 
sessed, collected and paid into the treasury. County taxes 
are authorized by a law of the General Court. County treas¬ 
urers issue their warrants to the assessors in the towns of the 
county, in like manner. Towns are liable to indictment for 
not choosing assessors, and may be fined. The property of 
any inhabitant may be taken to pay the fine. Assessors are 
liable to penalties for not performing their duties. 

It makes no difference how the estates are valued, in any 
one town, if all are so valued as to bear a just proportion to 
each other, because each person will pay the same sum, 
whether the value is high or low ; but great injustice may be 
done, unless the fair relative value of one town to another be 
preserved, in the taxation by the state. 

76. When a tax is to be collected, the polls and estates 
being known, and the sum which each one is to pay appor¬ 
tioned to him, the assessors make a list, containing the names 
of all who are to pay, and put against each name the sum to 
be paid. This list is annexed to a writing called a warrant, 
signed and sealed by the assessors. The warrant is address¬ 
ed to the collector, and he is therein commanded to collect 
the money, fie demands of each person to pay. On refusal 
or neglect, real or personal estate may be taken and sold; or, 
after twelve days, the person may be taken, and committed 
to jail, by the collector. When the collector has obeyed his 
warrant, he writes on it a certificate, called a return , of what 
he has done, and carries it back to the assessors, who keep 
it. The money collected is paid into the town treasury, 


32 


POLITICAL CLASS BOOK. 


whence it goes, either to the use of the town, the county, or 
the state, according to the purpose for which it was assessed. 
If to the town, it is paid out according to vote of the inhabi¬ 
tants ; if to the county, it goes to the county treasurer; if 
to the state, it goes to the state treasurer. 

77. It sometimes happens that assessors make mistakes; 
and the error may be, and sometimes is, of such nature as to 
make the whole proceeding illegal and void. If assessors do 
so mistake their duty, and do, nevertheless, require the col¬ 
lector to collect the tax, and he does so, the collector and the'' 
assessors may he trespassers; and every citizen, whose prop¬ 
erty is taken on an illegal tax, has a remedy at law. No 
citizen is held to pay any tax that is not lawful in itself, and 
assessed in a lawful manner. The word assessor is a Latin 
word, and is derived from assideo, to sit. 

Assessors, among the Romans, were persons selected by 
some high judicial officer to sit with him, and to give their 
opinions, in the administration of justice. Hence the word 
assessment, which is of the nature of a judicial opinion. 


CHAPTER VIII. 

The Executive Power. 

78. When laws have been properly made, they are to be 
executed ; that is, they are to be applied or put into use, by 
executive officers. All officers, other than those who make, 
or act judicially on, the laws, are executive officers ; at the 
head of this branch are the governor, lieutenant-governor, 
and council, who are called the executive department,'and. who 
have the power of appointing all inferior executive officers. 
The word lieu, and the word tenant (from the French), dis¬ 
tinguish an officer who is authorized to take the vacant place 
of a superior. 

79. The governor and lieutenant-governor are chosen by 
the people, in their town meetings, on the first Monday in 
April, by those who are qualified to vote. The selectmen 
and town-clerk of each town make a return of all the votes 
given in, certified by the clerk of the town, and the select¬ 
men, to be a true copy of record, to the office of the secretary 
of state. These returns are examined by a joint committee 
of both branches of the legislature, who report the whole 



POLITICAL CLASS BOOK. 


33 


number of votes given throughout the state. The report is 
made, first in the Senate, and is acted upon there ; and then 
sent to the House, and is acted upon there ; and if both 
branches concur in the opinion, that any person is chosen, 
they appoint a committee to wait on him, and notify him of 
the election. He appears in a convention of both branches, 
and the president of the Senate administers the oaths of office. 
If no person is chosen governor by the people, the House 
chooses two out of the four who have the highest number of 
votes ; the Senate chooses one of these two, and he is, there¬ 
upon, the governor. He is ‘ styled’ the ‘ governor of the 
commonwealth of Massachusetts.’ His title is ‘ His Excel¬ 
lency.’ He has no vote in council. 

80. The lieutenant governor is elected and qualified in like 
manner. His title is * His Honor.’ Nine counsellors are 
chosen in a convention of both branches, from among the 
senators. If all, or any of them, decline, the two branches 
again meet, and choose, from the people at large, the number 
necessary to fill the vacancies. If those of the Senate who 
are chosen, accept, or any of them, the remainder of senators, 
though reduced below the number of forty, constitute the 
Senate. 

81. The powers of the executive are subdivided. To the 
governor alone belongs the authority of approving or reject¬ 
ing bills passed by the legislature. He is commander in 
chief of the military force. But there is, in practice, a com¬ 
mittee of the council on military affairs. To him alone be¬ 
longs the power and duty of nominating to office, in all cases 
where appointment depends upon the executive. Of this 
class are all judicial officers, attorney and solicitor general, 
sheriffs, coroners, registers of probate. It is the governor’s 
duty to nominate, or name to the council, such persons as he 
thinks proper to fill offices. A nomination remains unacted 
upon for seven days, during which time the counsellors are 
supposed to form their opinions. The governor then asks 
the counsellors whether they approve or not. If a majority 
of them approve, the appointment is perfected, and the gov¬ 
ernor issues a commission. If a majority disapproves, the 
nomination fails, and some other person is to be named. 
This mode of appointment seems to rest on the supposition, 
that the governor is not to inform his council of the names 
of persons whom he intends to nominate. If'the governor is 
to know whether a nomination will be approved before he 


34 POLITICAL CLASS BOOK. 

makes it, it is rather a joint power of appointment, than a 
nomination. 

The governor, with the consent of council, may pardon all 
criminals who are under judicial sentence ; and may reprieve 
those who are sentenced to death ; that is, may postpone the 
execution. 

82. The duties of the governor are responsible and impor¬ 
tant ; and sometimes highly so, in relation to the national 
government. Many duties are implied, as connected with 
his station ; and the legislature frequently vest in the execu¬ 
tive, by law, trusts of much responsibility. 

83. The lieutenant governor has no peculiar duty in the 
presence of the governor. His place is at the council board. 
He is often at the head of the committees which are appoint¬ 
ed in this department. In the event of a vacancy in the of¬ 
fice of governor, he succeeds to, and performs all the duties 
of governor, until a new election occurs. This second officer 
has been called to perform the duties of the first four times since 
the adoption of the constitution. 

84. The executive department forms a part of the board 
of overseers of the University at Cambridge ; and the gover¬ 
nor, as such, presides at all the meetings of that board. 

85. As commander in chief, the governor has around him, 
personally, certain officers, who are of his own appointment, 
and who are called, in military phrase, his staff. These are 
the adjutant general and four aids-de-camp. And there may 
be, though there are not, other officers of the staff. The 
governor may take on himself more or less of implied duty. 
The treasury may be considered to be under his supervision. 

86. The treasurer is chosen annually by the legislature, 
and the same person cannot be chosen more than five suc¬ 
cessive years. He is the treasurer and receiver general of 
the state. He can pay no money out of the treasury, but on 
a warrant signed by the governor, with consent of council. 
The governor can draw no warrant but in virtue of some act 
of the legislature 

87. The secretary of the commonwealth is chosen annu¬ 
ally by the legislature, and may be rechosen for any succes¬ 
sion of years. His duty is to keep the various documents of 
the legislative proceedings, and of the executive department. 
He is the proper officer to certify all commissions issued by the 
governor. He is the keeper of the great seal of the common¬ 
wealth, and the only person who can officially use it. He is 


POLITICAL CLASS BOOK. 


35 


the secretary of the governor and council, and the recorder 
of their transactions. He is the certifying officer of the 
state. 

88. The secretary and treasurer are on duty, in their offices, 
throughout the year ; and the governor also. The senators, 
representatives and counsellors are merely citizens, and have 
no political power, except when constitutionally assembled. 
The executive departments are believed to be conducted with 
perfect order and regularity in this state. 


CHAPTER IX. 

Judiciary Department. 

89. The administration of justice is twofold; first, to pun¬ 
ish crimes and public offences; secondly, to compel citizens 
to do what should be done between themselves, and to make 
reparation for wrongs. It is the state only which determines, 
by its legislative department, what act shall be deemed a 
crime or offence, and provides for its punishment. To com¬ 
mit a crime, is to offend against the state. If the act done 
be not only such offence, but also a wrong done to an indi¬ 
vidual, the latter may, in some cases, have a remedy by civil 
suit against the offender. Justice between citizens is admin¬ 
istered in the name of the state ; if each one were left to do 
justice for himself, the greatest injustice would often be done, 
and society would be disturbed by contention, violence and 
crime. Nothing which is seen among men, is more entitled 
to respect and veneration, than the means of prompt, impar 
tial and peaceable settlement of public and private wrongs. 
Hence the exercise of power in the judiciary department is 
far more important to the citizens of the state than in all 
other departments. There is little probability thatmischievous 
laws will be passed through ignorance ; nor ary that they 
will be passed by design, or continued in force when found 
to be inexpedient. The remedy by repealing fc always in 
the hands of the people, by choosing more discreel) law-makers 
at the next election. The executive power canaot be seri¬ 
ously perverted. Under occasional excitement, improper 
persons may be appointed to office ; but, ordinarily, the citi¬ 
zens of an extensive commonwealth have not so deep an in¬ 
terest in such events as to be much affected by them, unless 



36 POLITICAL CLASS BOOK. 

the appointment happens to touch the purity of the judiciary 
department. 

90. Every citizen is affected by the exercise of judiciary 
power. If he is not interested in a particular case, the prin¬ 
ciple on which the case is decided may form a precedent af¬ 
fecting his interests materially. His property, liberty, char¬ 
acter and life may be dependent on the result of a trial. If 
judges are ignorant, prejudiced, or moved by hope or fear, as 
to the exercise of power in the other branches, the object of 
government is in great peril of being defeated. No money 
is paid from the treasury so profitably to the people, as that 
which is paid in support of the judiciary, in the true spirit of 
the constitution. 

91. Those who framed the constitution well knew’ the im¬ 
portance of this branch. The people, by accepting this in¬ 
strument, have declared, that every citizen shall have “ right 
and justice freely, without being obliged to purchase it; com¬ 
pletely and without denial, promptly and without delay, con- 
formably to the taws.” 

“ It is not only the best policy, but for the security of the 
rights of the people, that the judges of the Supreme Judicial 
Court should hold their offices so long as they behave well; 
that they should have honorable salaries, ascertained and es¬ 
tablished by standing laws.” 

92. Besides the Supreme Court, there are county courts, 
and courts ield by justices of the peace. There are, also, 
probate courts in each county. 

93. Then are, at present, fourteen counties in the state, 
each county having within its limits one or more towns. 

94. In one of the towns, and, in some counties, in tw T o 
towns alternately, the courts are held. If in one town, it is 
called the slire toicn; if in two, they are called half shire 
towns. Comties and shires are thus derived :—England was 
divided into parts, and these put under the government of 
counts or etrls, w ho appointed sheriffs to do certain acts in 
the chief tovn. Hence came the territorial division of county 
and shire tow n. Names of some counties have the same ori¬ 
gin, as Hampshire. There is a court-house, a jail, an office 
of the clerks of courts, a registry of deeds and probate office, 
in each county; and for county officers, sheriffs, their depu¬ 
ties, and co*oners, who have no powder out of their respective 
counties. The latter officers perform the duties of sheriff, 
when there happens to be a vacancy, or sheriffs are parties 
interested. They also inquire into the causes of accidental 



POLITICAL CLASS BOOK. 


or violent death, with the aid of a jury, that prosecutions may 
be made, when the law has been violated. The expenses of 
maintaining the county are charged upon the polls and es¬ 
tates of the inhabitants of towns within the county ; except¬ 
ing that fines and costs of suit are credited. These expenses 
relate, almost exclusively, to the administration of justice, 
county roads and county bridges. When there is need of an 
expenditure for the use of the county, an estimate is sent to 
the legislature of the sum wanted. The legislature may grant 
a tax to be collected in the towns of the county, according to 
their proportions. 

95. The county treasurer, who is chosen by the inhabit¬ 
ants of towns in the county, is to the county what the state 
treasurer is to the state. Each county builds its jail, court¬ 
house, county offices, and pays its own jurymen, and oilier 
county expenses. 

96. The most limited judicial power is exercised by jus¬ 
tices of the peace, who are nominated by the governor, ap¬ 
proved by the council, and commissioned under the seal of 
the state, to act throughout the counties in which they re 
spectively reside, for the term of seven years. There are 
three sorts of justices :—1. those above mentioned ; 2. jus¬ 
tices of the quorum , which means a superior magistrate to a 
mere justice; and when certain acts are to be done by two, 
they are to be done by two ( quorum 9 Latin for) of whom one 
shall be such superior ; 3. justices who are not limited to a 
county, but who are such throughout the state. 

97. They have powers defined by law. Among them are 
the following :—On a complaint made on oath, they can issue 
a warrant to take the person accused, and bring him before 
the justice who issues the warrant, or any other justice in the 
county. This warrant is a writing, made by the magistrate, 
and addressed to a sheriff or constable, who is therein com¬ 
manded to take the person complained of. If the offence be 
such that the justice can try the accused, and punish him by 
a fine, he may do so. If the offence is of such a nature that 
the accused is to be tried in a higher court, the justice com¬ 
mits the accused to jail, to await his trial; or takes a recog¬ 
nizance of the accused and his sureties, for appearance at 
court to take his trial. 

98. A recognizance is an acknowledgment of debt to 
the commonwealth, in the sum required by the justice, which 
debt is satisfied, if the party appears and takes his trial. If 
he does not appear, the debt is good against him and his 

4 


38 


POLITICAL CLASS BOOK. 


sureties ,* and, moreover, he is liable to be taken any time 
afterwards, and tried. 

99. ‘ Bail ’ is sometimes taken for the appearance of a 
party at court in criminal or civil cases. A bond is given by 
the party, with one or more sureties, that the party shall ap¬ 
pear at court. The party being under arrest, or in jail, is 
then bailed, or delivered over to his sureties, who are con¬ 
sidered as his keepers. They may let him go at large ; but 
if they apprehend that he will not appear, they may cause 
him to be taken, at any time, and imprisoned, and thereby 
discharge themselves. Bail is derived from a French word, 
which signifies to deliver. 

100. Justices have power to try personal actions between 
citizen and citizen, where the value does not exceed twenty 
dollars. 

101. The duties and powers of justices are very numerous, 
but all of them arise from laws of the state, or under the com¬ 
mon law. 

102. No citizen can be lawfully arrested for a crime, un¬ 
less in virtue of a complaint setting forth his offence, and a 
warrant thereon, as before stated. But offenders are some¬ 
times seized and carried before a justice, when there is not 
time to get a warrant, and when there is reason to fear an 
escape. 


CHAPTER X. 

Judiciary,—Court of Common Pleas. 

. 

103. There are four justices of this court. One, only, 
holds two or more courts in every county of the state, in every 
year. Either of them may hold a court in any county. They 
try criminal cases, and pronounce sentence, where the pun¬ 
ishment does not go beyond fine, and imprisonment in the 
common jail; and they try and give judgment in all civil 
cases, in which the sum at issue is more than twenty dollars 
They try appeals from judgments rendered by justices of the 
peace in civil actions. 

104. An appeal lies from their judgments, in all cases 
over one hundred dollars value, to the Supreme Judicial 
Court. 

105. A trial is conducted in the most fair and impartial 
winner possible in the courts of our state. The judges are 



POLITICAL CLASS BOOK. 


3D 


independent. They hold their offices during good behavior. 
Their salaries are fixed, and paid out of the public treasury. 

106. No one can be put on trial for a crime, until a grand 
jury have declared, on oath, that he ought to be tried. A 
grand jury is thus constituted:—Before every court, the 
names of some of the inhabitants of the towns, or town, in 
the county, are drawn out of a box, in which the names of 
all persons liable to serve are kept The jury-box is revis¬ 
ed once in three years, by the inhabitants in town meet¬ 
ing, who add names, or withdraw them, as they think prop¬ 
er. The persons whose names are drawn out to serve as 
grand jurors for a term are warned to attend court. They 
cannot be more than twenty-three, nor less than twelve, in 
number. They are sworn by the clerk of the court. 

107. The grand jurors are thus sworn :—“ You shall dili¬ 
gently inquire, and a true presentment make of all such 
matters and things as shall be given you in charge. The 
commonwealth’s counsel, your fellows’, and your own, you 
shall keep secret. You shall present no man for envy, ha¬ 
tred or malice; neither shall you leave any man unpresented 
for love, fear, favor, affection, or hope of reward; but you 
shall present things truly, as they come to your knowledge, 
according to the best of your understanding. So help you 
God.” 

10S. The judge then gives them a charge, wherein he 
makes known their duty, and the subjects which they are 
bound to attend to, and defines the crimes which may come 
under their consideration. 

109. They retire to an apartment, and there, assisted by 
the state’s attorney, hear the testimony of sworn witnesses. 
If twelve of the jurors are of opinion that the accused ought 
to be tried, the state’s attorney draws up an indictment, stat¬ 
in^ the crime charged. The foreman of the jury signs it in 
behalf of the jury. This indictment is carried by the jury 
to the court. The accused, if under recognizance (in which 

ase he ought to be ready in court), is called to be put on 
trial. If he has never been arrested on this accusation, a 
warrant issues to take him, and he is brought before the court 
to be tried. If in prison, he is brought into court. If he 
does cot appear when called, his default is recorded, and his 
bond or recognizance is forfeited. 

110. If tried, it is by a jury, selected in like manner as 
the grand jurors. The trial is carried on by reading the in- 


40 


POLITICAL CLASS BOOK. 


dictment to the jury. The state’s counsel explains the case, 
and calls witnesses to prove it. In every county there is an 
attorney for the state, who acts for the state in the Common 
Pleas. The attorney general and solicitor general are the 
law officers of the state, and act in the Supreme Judicial 
Court in state prosecutions. The prisoner, by himself or 
counsel, states his defence, and calls witnesses to prove it. 
His counsel argues the case to the jury. The state’s coun¬ 
sel closes the argument for the government. The judge then 
instructs the jury, by stating what the accusation is, the 
manner in which it has been supported and resisted, and 
what the law is in such case ; and concludes by telling them, 
that they are to judge of the weight of evidence, and whom 
of the witnesses they will believe or disbelieve, if there is 
contradictory testimony, and to decide, on the whole matter, 
whether the accused is guilty or not. 

111. They are also instructed, that, if they have reasona 
ble doubts of the guilt, these doubts are to weigh in favor of 
the prisoner; and that he is not to be found guilty, unless 
they are satisfied that he is so. If the accused is found not 
guilty, he is discharged. If guilty, the judge sentences him 
to such punishment as the law has provided, which may be 
a fine and imprisonment in the common jail, or a fine only. 
The Supreme Court can sentence to a certain number of days’ 
solitary imprisonment, and to a certain number of years of 
hard labor, in the state’s prison, as the case may be. 

112. Thus every protection for innocence is secured, and 
all means of defence, consistent with the administration of 
justice, are permitted. The innocent can hardly be found 
guilty in any case, though the guilty may sometimes escape 

113. The trials of civil causes are conducted much in the 
same manner. Civil causes, suits or actions are lawsuits 
between one citizen and another. They are civil, not crim¬ 
inal. They are causes for judicial inquiry. They are actions , 
because the complainant is an actor. They are suits (from 
the French suivre , to follow), because they go on regularly 
from beginning to end. A laicsuit means a complaint by 
one person against another, to an authority which-has power 
to do justice. The injured party is supposed to complain to 
ti e state. The state commands the sheriff to make known 
tins complaint to the party complained of, and to summon 
him, or take his body, so that he be in court, at the proper 
day, to answer to the complaint before the judges. The 


POLITICAL CLASS BOOK. 


41 


complaint is made to the state through these means:—The 
statute laws provide for the forms in which the grounds of 
complaint may be set forth. These forms are printed, with 
blank spaces for names of parties, and for stating the facts 
of each particular case. The clerks of courts provide these 
printed forms, and put the seal of the court to them, and 
sign them. The lawyers get them from the clerks. A-citi¬ 
zen who has a cause of action, goes to a lawyer, and states 
his case, or complaint. The lawyer fills up one of these 
blank forms, according to the nature of the case, and thus 
makes a writ, which he delivers to a sheriff, who finds it to 
be the command of the commonwealth to him, to do as above 
stated. The sheriff obeys, and returns the writ to the court, 
with his certificate thereon of his doings. The judge pro¬ 
ceeds on this writ, as the proper evidence that a suit is legal¬ 
ly commenced. At the proper day, tilie parties appear in 
court, by their attorneys, and the suit goes on. The word 
attorney is from the Latin, and signifies a person who is law¬ 
fully authorized to act for and in the name of another. Any 
one, who has a legal capacity to act for himself, can empower 
another to act for him, by a written instrument, usually called 
a •power of attorney. Lawyers are officially attorneys, and 
are so considered by the court, without a written authority. 
The party complained of either admits the truth of the com¬ 
plaint, and submits to judgment; or denies the truth of the 
complaint generally ; or states, in a writing called a plea , 
why the comprint ought not to be sustained. 

114. In this way, some question of fact or law is raised 
upon the whole matter. If it is a question of fact, the jury 
try the case, hearing witnesses, evidence and arguments on 
both sides ; and find, on the facts submitted to them, for one 
party or the other ; and the court render judgment on their 
verdict. If the case results in a question of law, the court 
decide on that, and render judgment. If no appeal is claim¬ 
ed to the Supreme Judicial Court, the successful party is 
entitled to a writ called an execution , which is a command, 
in the name of the commonwealth, signed by the clerk of the 
court, and addressed to the sheriff, who is required to execute 
it. This writ is adapted to the case, and thereon the sheriff 
is to give possession of land; or to take personal property, and 
sell it, to pay the debt; or to commit the debtor to jail, if no 
estate can be found to satisfy the demand ; or to do such 
other act, to execute the judgment, as the precept com¬ 
mands him to do. When a debtor cannot pay, it seems 
4 * 


42 


POLITICAL CLASS BOOK. 


contrary to the laws of humanity to treat him like a criminal, 
and as though he had forfeited his social rights among his 
fellow men. 


CHAPTER XI. 

Supreme Judicial Court. 

115. This is the highest judicial tribunal in the state. It 
consists of four judges, who are appointed and commissioned 
by the governor and council. They hold their offices during 
good behavior, and receive fixed salaries from the state treas¬ 
ury. One of these magistrates goes, once in every year, 
into each county of the state, except Duke’s county (appeals I 
in this county being tried in the neighboring county of Bris¬ 
tol), to try civil and criminal causes, in the same manner as 
such causes are tried in the Court of Common Pleas. 

116. Criminal and civil causes come before them on ap¬ 
peal from the Common Pleas; except suits in equity, and 
appeals from the probate courts ; and except, also, a small 
number of cases, which originate in the Supreme Court. 

117. The four judges, or a majority of them, hold a court 
in different parts of the commonwealth, for the several 
counties (or for some two or more counties, comprised in 
one jurisdiction for this purpose), once in every year. This 
session is held for the trial of criminal cases in which the 
accused may be condemned to death, and for *the purpose of 
deciding those questions which have arisen before one judge, 
and which have been reserved for the decision of all the 
judges. Cases are reserved in this manner :—A question of 
law arises in a jury trial, on which the judge is not prepared 
io give a decisive opinion. He declares the law to be as it 
then seems to him ; but he may, if he pleases, reserve the 
question to be more deliberately considered by all the judges. 
The trial goes on, and the jury find a verdict. The facts 
found by the jury, and the question of law, are brought be¬ 
fore all the judges, and argued by counsel.^ If the opinion 
given at the trial is confirmed, judgment is rendered on the 
verdict; otherwise, a new trial is ordered. Some cases are 
reserved thus :—The judge having stated the law to the jury, 
the counsel of either party, who thinks the law to have been 
erroneously stated, moves the judge to reserve the case for 
the consideration of all the judges. This is usually done ; 




POLITICAL CLASS BOOK. 


43 


and so much of the case as is necessary for the purpose is 
brought before all the judges, and disposed of in the manner 
before stated. 

Sometimes parties agree on a statement of facts, and put 
them in writing, and the court hear arguments, and decide 
thereon, and pronounce such judgment as the case requires. 
This being the Supreme Court, it has the power, in the prop¬ 
er modes, of revising the proceedings of all inferior judicial 
tribunals, and of correcting all errors. The judgments ren¬ 
dered at the courts held by all the judges, are those which 
are made public by a reporter, in printed volumes. These 
volumes are books of authority ; and the cases in them are 
cited by counsel, in arguing causes, and are referred to by 
the court, in forming and delivering their judgments. The 
reporter is appointed by the court, and has a salary (by no 
means too great for his services) from the state treasury. 

118. No other mode of putting a convict to death but that 
of hanging is provided by the law of this state. Whipping, 
disfiguring the person, sitting on the gallows, or standing in 
the pillory, branding, &c., have been abolished many years; 
and fines, and a longer or a shorter imprisonment, and hard 
labor, substituted. 

119. The duties of the Supreme Court of this state are 
exceedingly laborious, and highly responsible. They are 
performed with unsparing diligence and faithfulness, and 
with eminent ability. While such tribunals are upheld, and 
faithfully supported by the people, property, character, liberty 
and life are as safe as human society permits; and safe from 
all peril but that which the united military strength of the 
citizens cannot successfully resist. 

120. This court exercises judicial powers as a court of 
equity, or chancery. Equity trials are conducted without the 
aid of a jury. In most actions in courts of law, except those 
which are brought to recover possession of real estate, the 
object is to recover money to compensate for damage done 
by non-performance of some contract, or for the having 
done some injury. A chancery suit arises where a party 
seeks to have a trust executed; or a contract performed ac¬ 
cording to its terms; or to establish that some fraud has been 
committed, and to obtain relief; or to prevent the doing of 
some injurious act, until the right at law can be tried; and 
in many other cases, where there is not a plain and adequate 
remedy in a court of law. A chancery suit begins by pre¬ 
senting to a court a written complaint, called a bill in chan - 


41 


POLITICAL CLASS BOOK. 


eery, which concludes with a prayer, that the party complain¬ 
ed of may be summoned into court, and make his answer 
on oath. A trial may be had on this complaint and answer, 
and nothing else; or either party may introduce any evidence 
proper in the case. An argument is had, and the court 
pronounces a decree, of which the court has power to com¬ 
pel the performance. It is probable that the increase of this 
sort of trials will make it expedient for the legislature to 
make some further arrangement for the exercise of judiciary 
power. 

121. The following is a short sketch of a capital trial. 
It has been supposed to have been so called, from the Latin 
word caput, which means head, and because the punishment 
was beheading, as is still practised in Europe, but not in 
any state of this Union. Its proper meaning is supposed to 
be derived from using the word capital in the sense of 
highest, or greatest, meaning, that conviction is followed by 
the highest punishment which can be inflicted, viz., death. 
Thus banishment was considered by the Romans a capital 
punishment, because it was held to be a civil death, or the 
loss of life in one’s native country. 

The prisoner, being in jail, is led therefrom to the court 
room by officers. He may be secured, if necessary, by irons 
on his arms and ancles, to prevent escape or violence. But 
if irons are used, they are taken off before he is placed at 
“the bar,” it being considered improper that a prisoner 
should be so secured in the presence of the court. The 
bar is formed like a common pew, except that it is long 
and narrow. The judges sit on elevated seats, at the side 
or end of the room. Before them, at a desk, much lower 
than their seats, sits the clerk. The prisoner is placed at 
the bar, fronting the judges and the clerk. There are two 
jury seats, one on each .side of the room, on the right and 
left of the judges. The space between the two jury seats, 
and between the clerk and the prisoner, is occupied by the 
prisoner’s counsel, and the members of the legal profession. 

122. In the profound silence observed in the room, the 
clerk rises, and, speaking to the prisoner by his name, com¬ 
mands him to hold up his right hand, and to hearken to an 
indictment found against him by the grand inquest (jury) 
of the county. The clerk reads the indictment in a slow 
and clear manner. This solemn accusation being thus made, 
the clerk demands of the prisoner, “ What say you to this 
indictment? are you guilty, or not guilty?” The prisoner 


POLITICAL CLASS BOOK. 


45 


answers, “Not guilty.”— The clerk . “How will you be 
tried V’ — Prisoner. “By G<?d and my country.”— Clerk. 

“ God send you a good deliverance 1” The word country 
means the laws ol the land and a jury. It is a principle of 
justice, that no one is considered to be guilty until he is 
proved to be so, or confesses his guilt. The time of trial 
may be sooner or later, after this “ arraignment,” as it is 
called, of the prisoner. To arraign means to put in order 
for trial. 

123. When the day of trial comes, the prisoner is brought 
in, as before, and placed at the bar. The clerk then says, 
“You are now set to the bar to be tried, and these good men, 
whom*I shall call, are to pass between you and the country. 
If you would object to any of them, you must do it as they 
are called, and before they are sworn.” The clerk calls a 
juror, who rises. The clerk says, “Juror, look upon the 
prisoner. Prisoner, look upon the juror.” If objected to by 
the prisoner, he says, “ I challenge,” and the juror is set 
aside, and another is called; and so on, till twelve are select¬ 
ed and sworn. A prisoner may challenge twenty jurors with¬ 
out assigning any reason ; and as many more as he can show 
to be unfit, from prejudice, partiality, kindred, or from hav¬ 
ing expressed an opinion, or any other cause which the court 
thinks to be a disqualification. When the jury is thus “ im- 
panneled” (a panel originally meant a little square of parch¬ 
ment, fitted to write names on), the clerk reads the indict¬ 
ment, in a slow and solemn manner, to the jury, to make 
known to them what the crime charged is, and when, where, 
and how committed ; and then says, “ To this indictment the 
prisoner has pleaded ‘ Not guiltyand for trial has put him¬ 
self orr the country, which country you are. Gentlemen, 
hearken to your evidence.” 

124. The attorney or solicitor general then rises, and 
makes his statement of the law and of the facts, and such 
remarks thereon as the case requires, to inform the jury of 
what he expects to prove. The witnesses are then called, 
sworn and examined. 

125. When the government’s side of the case, or opening, 
is done, the junior counsel for the prisoner addresses the jury, 
and warns them of the solemn duty in which they are en¬ 
gaged, and presents the prisoner’s view of the case, and 
thereby endeavors to controvert the law, or the facts, relied 
on by the prosecutor. He then calls his witnesses, who are 
sworn and examined. The senior counsel for the prisoner 


46 


POLITICAL CLASS BOOK. 


then rises, and makes his argument to the jury, in which he 
strives, by all the talent and eloquence of which he is master, 
to satisfy the jury that the prisoner is innocent; that the 
prosecutor has not satisfactorily proved him to be guilty; and 
that the jury cannot be, and ought not to be, satisfied, on the 
evidence before them, beyond all reasonable doubt (which 
they must be to convict), that the crime is proved upon the 
prisoner. Such is the duty of the prisoner’s counsel, although 
he knows the prisoner to be guilty. The question to be tried 
and decided is, whether that precise act was done, which the 
indictment charges to have been done. It can be judicially 
known that it was done, only by producing legal proof in con¬ 
formity to the charge. Suppose the charge to be, that the 
accused committed murder by strangling. The counsel may 
know that the prisoner committed murder, but not in that 
manner. He may conscientiously defend against the charge 
as made, and hold the prosecutor to prove it. The counsel 
for the prisoner is followed by the attorney or solicitor gen¬ 
eral, who reviews the whole cause again, and endeavors, by 
his learning and eloquence, as is his duty, to satisfy the jury 
of the guilt of the accused, by doing away the arguments in 
defence. 

126. When he has concluded, the judges in succession, 
or some of them, as they see fit, address the jury, and state 
what the crime alleged is; what the law thereon is; what 
evidence, on one side and on the other, has been offered ; 
that, if they believe the evidence as stated, one way or the 
other, so they are to find the prisoner guilty or not guilty. 
Then the jury retire, under the care of an officer, sworn to 
keep them together, and apart from every one. Formerly, 
no food, or refreshment of any kind, was allowed to a jury 
during their deliberation ; but the modern practice is other¬ 
wise, under the permission of the court. While they are pre¬ 
paring their minds for a verdict, the prisoner is taken back to 
the jail, and the court adjourns. Verdict is from the Latin vere , 
true, and dictum, saying. The jury are to return a true say¬ 
ing on the matter committed to them. Their saying is held 
to be conclusively true. But, even in a capital case, tried, 
as it is, with the utmost care and caution, a verdict would be 
set aside, if it were made to appear, that it would be unjust 
to hold it to be true. 

127. When the court meets again, which is after an inter¬ 
val of one or more hours, the prisoner is again brought into 
court. The jury resume their place. Their names are 


POLITICAL CLASS BOOK. 


47 


called, and, being all present, the clerk says, “ Gentlemen, 
have you agreed on your verdict V* Some one of the jurors 
answers that they have, or have not, in which latter case 
other proceedings arise. The clerk then says, “ Who shall 
speak for you V* Some one of the jury answers, “ The fore¬ 
man.” The clerk then says, “ Mr. Foreman, what say you ? 
is the prisoner at the bar guilty or not guilty ? ” The an¬ 
swer settles the fate of the accused. If guilty, the prisoner 
is taken back to his prison, to await his sentence ; if not, he 
is discharged. 

128. If he is to be sentenced, at some day of the term he 
is brought into court, placed at the bar, and the presiding 
judge rises, and declares to him the crime whereof he was 
accused ; that he has been tried, and in what manner; and 
that he has been found guilty; and demands of him, whether 
he has any thing to offer, why sentence of the law should not 
be pronounced. This inquiry is merely formal, because, if 
there be any sufficient cause for arresting the sentence, a mo¬ 
tion will have been made by counsel to that effect, before the 
case comes to this stage. It sometimes happens, that an er¬ 
ror in the proceedings, or some matter of fact, is disclosed 
after verdict, which is a proper ground for such motion. If 
no such motion has been interposed, the judge proceeds to 
declare to the prisoner the consequences of his offence against 
the laws of his Creator and of society; and concludes by con¬ 
demning him to be taken from the place where he stands, to 
the prison, and thence to the place of execution, and there to 
be put to death. The record of the trial is afterwards certi¬ 
fied to the governor, who appoints the day, and sends a war¬ 
rant to the sheriff, commanding him to execute the criminal. 

129. What he suffers, whose melancholy case it is to have 
his life depending on “ Guilty,” or “ Not guilty:” how hope 
and fear alternately arise in his anxious face ; with what in¬ 
tense interest he listens ; how earnestly he seizes on all that 
can cheer him ; how intently he gazes on the face of the 
foreman, who is to answer the last solemn question; and how 
he shrinks beneath the awful sentence of the law,—can be 
more easily imagined than described. Death by disease, by 
accident, or in necessary and lawful war, or even by old age, 
cannot come without deep concern. Condemnation to death, 
solemnly declared in the name of justice, and for the rea¬ 
son that the condemned is unfit to live, is an exercise of 
power, which is the highest and most awful that can be ex¬ 
ercised by human authority. 


48 


POLITICAL CLASS BOOK. 


CHAPTER XII. 

Probate Courts.—Removal of Judges. 

130. In each county there is a judge of probate and a 
register of probate. The judge holds courts, and the register 
records the proceedings of the court. The word probate is 
from the Latin tongue. It means proof. Here, it is a word 
used in the law to signify the act of proving a will, that is, 
that it is a lawful and valid instrument; but this court set¬ 
tles estates with or without a will. 

131. On the decease of any person, who leaves a will, 
written, signed, sealed and witnessed, according to law, the 
will is presented to the judge of probate of the county, who 
causes the witnesses of these acts to come before him. If he 
is satisfied that the person, whose will it is said to be, was in 
such a state of mind, when the will was executed, as to be ca¬ 
pable of making a legal disposal of his estate, and if the will 
was executed as the law requires, he approves of it, and al¬ 
lows it to be a will; and the executors therein named take 
the oath required, and give bonds to execute the will. 

132. If there be no will, or one which cannot be legally 
admitted to be such, an administrator is appointed on the 
estate of the deceased. If there be a will, and no one is named 
therein as executor, or if no one named therein as executor 
will act as such, an administrator is appointed “ with the will 
annexed and the will directs the mode in which the testator’s- 
property is to be disposed of ; and such administrator acts as 
though he had been originally named as executor. An admin¬ 
istrator takes an oath, and gives a bond, with sureties, to 
proceed according to law. His duty is, to take possession of 
all the personal estate ; to sell it, pay the debts, and cause 
distribution to be made among those by law entitled to the 
residue. If the personal estate is insufficient to pay debts, 
and there is real estate which belonged to the deceased, the 
law enables an administrator to obtain authority to sell it, and 
make a good title to a purchaser ; and the, proceeds of sale 
are applied to pay debts. 

133. If the deceased does not leave estate enough to pay 
his debts, the creditors share the proceeds among them, ac¬ 
cording to their respective claims. In this case, the deceased 
is said to have died insolvent. This word is from the Latin, 
and means, that one is unable to pay all that he owes. 


POLITICAL CLASS BOOK. 


49 


134. All acts done by executors and administrators, in the 
settlement of estates, appear by rendering accounts to the 
probate judge ; who, from time to time, makes such orders 
and decrees as the case requires. In all probate proceedings, 
interested parties are to be notified, that they may appear in 
court, and examine for themselves, and make objection, if 
any error has arisen. The judgments, decrees and orders 
are recorded by the register; and any party, who considers 
himself to be aggrieved, is entitled to an appeal to the Su¬ 
preme Judicial Court, which is the Supreme Court of Probate 
for the whole state. In this court the proceedings are re-ex¬ 
amined, and corrected if wrong, and returned to the Court 
of Probate to be further acted on, as the Supreme Court may 
have ordered, in deciding on the appeal. There are proper 
provisions when a judge happens to be personally inter¬ 
ested. 

135. The settlement of the estates of deceased persons 
involves a great variety of interests, affecting widows, chil¬ 
dren, heirs, legatees, devisees and creditors. Difficult ques¬ 
tions sometimes arise, especially as to the meaning of wills ; 
and sometimes interested parties are obliged to resort to the 
Supreme Court to settle their rights. But, with such excep¬ 
tions, the settlement of estates is effected with promptness 
and justice ; and with as much economy as can be, consist¬ 
ently with obtaining the right result; and with less expense 
and delay than occur in most other governments. Expensive 
suits often occur between members of the same family, on the 
meaning of wills. A will can be expounded only from the 
words in which it is expressed. Want of certainty in its 
meaning, may occasion great difference of opinion among in¬ 
terested parties. A testator often lays the foundation for bit¬ 
ter contention, where he meant to secure peace. One who 
puts off the making of a will because he can do it at any time, 
runs some risk of never doing it; or of having to do it when 
not in health, but while he is under the visitation of mortal 
disease ; and the risk, also, of being obliged to rely on a 
scribe incompetent to such duty, even if there were no call 
for despatch. Wills should be executed in the presence of 
respectable witnesses, who have no sort of interest in the tes¬ 
tator’s estate, nor in his disposal of it. 

136. Removal of Judges. The constitution properly con¬ 
templates the possibility that a judicial officer may become an 
unfit person to hold his station ; and that the public good may 
require his removal. There are two modes of removal. 
5 


c 


50 


POLITICAL CLASS BOOK. 


Wherever a case arises, in which a majority of both branches 
of the legislature concur in an opinion that a judge ought to 
be removed, they may express that opinion to the governor in 
the form of an address. The address would set forth the 
reasons for making it. Such a measure ought not to be re¬ 
sorted to, without having notified the interested party of the 
intention to:pursue it, nor without giving him an opportunity 
to be heard, in repelling the grounds on which his removal is 
proposed. If such address be made, and the governor is of 
opinion that it ought to be complied with, the officer is ac¬ 
cordingly removed by the governor, with consent of the coun¬ 
cil, and the vacant place supplied. 

137. The other mode of removal from judicial office is by 
impeachment by the House of Representatives, and trial be¬ 
fore the Senate. This kind of trial is provided for in the 
state constitution, for all officers of the commonwealth, who 
are charged, by the House of Representatives, with miscon¬ 
duct and maladministration in their offices. For example, a 
magistrate receives money for giving a judgment, and con¬ 
demns the innocent, or acquits the guilty; and thereupon a 
complaint is made, by petition or memorial, to the House of 
Representatives. The House choose a committee to inquire 
into the matter, and if they report that the complaint is well 
founded, a committee is appointed to prepare an accusation 
in writing, which is called “ Articles of Impeachment.” The 
House chooses, from among their own number (usually), five 
managers, to conduct the trial. They carry the articles to 
the Senate, and inform them that the House impeach such 
an officer, and for such cause, and request the Senate to pro¬ 
ceed thereon. The president answers, that proper order will 
be taken on the subject. The accused is summoned. The 
senators are organized as a court, by taking the proper oath. 
A time is fixed for the trial. The House of Representatives 
attend. The accused is assisted by counsel, and the trial 
proceeds as in common law courts. If questions arise in 
which a discussion is necessary among the senators, they re¬ 
tire. When they return to their seats, the question is put to 
each senator (as, for example, whether evidence proposed, 
and objected to, shall be received), who answers, Yes, or No, 
and a majority decides. When the whole matter has been 
heard, the senators retire and deliberate, as juries do. Hav¬ 
ing resumed their places, the president asks each senator, as 
to each article, whether the accused is guilty or not guilty. 
The question is answered, without giving any reason for the 




POLITICAL CLASS BOOK. 


51 


opinion. If a majority answer, Guilty, on any article, the 
Senate, by their president, pronounce sentence, which may 
be suspension from office for a time or for life, or removal 
from office, and disqualification for life to hold any office. 
This is the extent of sentence which this court can pronounce. 
Besides being removed, the accused may be tried for the same 
offence on indictment, and punished, in a court of justice, if 
the case be one which demands a punishment beyond that 
which the Senate can impose. There have been six im¬ 
peachments since the adoption of the constitution. The re¬ 
sults were, 1. removal from office ; 2. suspension one year ; 
3. removal and disqualification* for life; 4. removal from of¬ 
fice ; 5. not guilty; 6. not guilty. 


CHAPTER XIII. 

The State Governments. 

138. All the state governments are representative repub¬ 
lics. All of them are conducted in conformity to written 
constitutions, adopted by the people, in each state, excepting 
in Rhode Island, where the ancient colonial charter is yet in 
force. The like effects are obtained in each state, by the 
exercise of political power. Each one has a legislative, ex¬ 
ecutive and judicial branch, and its own modes of exercising 
power in these several departments. The distinctions existing 
among the state governments are found in the qualifications 
of the electors, and of the elected ; in the origin and duration 
of office ; in the limitation of the powers which may be exer¬ 
cised ; and in peculiar constitutional provisions; and, espe¬ 
cially, in the character oflegislation in each state. It is in¬ 
tended to show, in this chapter, the prominent features of 
each constitution, and the striking peculiarities in each. It 
would not be expedient, if it could be done, to set forth the 
interior policy of each state, because this depends on laws 
which are subject to be amended or repealed. The manner 
in which republican government is administered in this coun¬ 
try, appears from the examination of the Massachusetts con¬ 
stitution, and of the powers exercised under it; and will fur- 

* This disqualification was afterwards removed by the governor, who has 
this power in cases of impeachment, as well as in all others. In some states, 
this power (in impeachments) is reserved to the legislature. 




52 POLITICAL CLASS BOOK. 

ther appear by examining the national constitution. It is 
supposed that instructed can easily make known to their pu¬ 
pils the manner in which political power is exercised in their 
respective states. After having noticed, in the mode now 
proposed, the several constitutions, a short comparative view 
of them will be added. In the extensive territories of the 
West , new constitutions will be formed, and existing ones will 
sometimes need amendments ; and whatever may have been 
done, in any state, on the important subject of framing a po¬ 
litical system, must be interesting to those who are about to 
undertake any similar measures. To this consideration may 
be added, that the people, in each state, are interested to 
know in what manner those of other states are governed, 
since the people of all the states are united together for their 
common security and welfare. 

139. State of Maine. The constitution dated in 1819. 

Legislature. House of Representatives chosen in towns, 
in proportion to number of inhabitants. Citizens, who have 
been such five years, and resident in the state one year, are 
eligible. Senate of twelve , of like qualifications, and twenty- 
five years of age ; chosen in districts, in proportion to the 
number of inhabitants therein. Annual election. Meeting, 
first Wednesday of January. 

Executive. A governor, chosen annually by the people. 
Same qualifications as senators, except thirty years of age. 
A council of seven, chosen in convention of House and Sen¬ 
ate. The executive has the power of appointment and par¬ 
don, and a qualified negative on legislative acts, as in Mas¬ 
sachusetts. Removable by impeachment. President of the 
Senate acts as governor in case of vacancy. 

Judiciary. Supreme Judicial Court, and county courts. 
Judges appointed and removable as in Massachusetts : dis¬ 
qualified at the age of seventy. 

Voters: The qualifications are so inconsiderable, that suf¬ 
frage may be said to be universal. 

Maine is supposed to have derived its name from a prov¬ 
ince in France. Originally a settlement by itself. United 
to Massachusetts in 1652; included in Massachusetts colo¬ 
nial charter of 1691. Separated from Massachusetts in 1820, 
by a law of the state, and a law of Congress. The constitu¬ 
tion has a declaration of rights. Religious freedom is pro¬ 
vided for; there is no religious test in oaths of office. 

[Square miles, 32,000.] 



POLITICAL CLASS BOOK. 


53 


140. State of New Hampshire. Constitution adopted in 
1792. It has a declaration of rights. 

Legislature . Vested in a General Court of two branches, 
House of Representatives and Senate. Representatives are 
chosen in towns, in proportion to ratable polls; must have 
been inhabitants two years ; must have estate of <£100, half 
of which is freehold. Senate of twelve. Senators must have 
been residents in the state seven years ; must have freehold 
of <£200; must be thirty years of age. They are chosen in 
districts, in proportion to amount of taxes paid therein. All 
elections for one year. Meeting, first Wednesday in June. 

Executive. A governor. He must have an estate of £500, 
half of it freehold ; like residence as senators. A council of 
five, chosen by the people. Executive ppwers and duties the 
same as in Maine. Removable by impeachment. President 
of the Senate acts as governor in case of vacancy. 

Judiciary. The same as in Maine. 

Electors. Residence and payment of taxes ; but, practi¬ 
cally, universal suffrage. 

Legislature empowered to provide by law for maintenance 
of religious worship. No religious test. 

[Square miles, 9,280.] 

141. State of Massachusetts. In this notice of states, 
some things are added which were omitted in the chapters on 
this state. 

Legislature. Representatives are required to have been 
resident one year in the town in which they are chosen ; and 
to have a freehold of £100, or a taxable estate of £200. 
Senators are required to have been resident five years in the 
district in which they are chosen; and to have a freehold of 
£300, or taxable estate of £600. 

Executive. The governor and lieutenant governor are re¬ 
quired to have been seven years resident in the state, and to 
have a freehold estate of £1000, and to be of the Christian 
religion, though there is no religious test in oaths of office. 

Electors. Residence and payment of taxes; but this is, 
practically, universal suffrage. 

[Square miles, 7,800.] 

142. State of Vermont. Constitution adopted in 1793. 
It has a declaration of rights. 

Legislature. Vested in a House of Representatives, styled 
the General Assembly. Members are qualified by two years’ 


54 


POLITICAL CLASS BOOK. 


residence in the state, and one in the town represented. 
Annual elections. Meeting, second Tuesday of October 
No Senate. Legislative acts are subject to the revision of 
the executive branch, which can propose amendments, and 
suspend a proposed law till the next legislature. 

Executive is vested in a governor, lieutenant governor and 
council of twelve, all chosen by the people for one year. In 
council, the governor is only presiding officer, with a casting 
vote. 

Judiciary. Judges of the Supreme and county courts 
may be elected annually by the House of Representatives, in 
conjunction with the executive branch. 

Electors. Their qualifications amount to universal suf¬ 
frage. 

Vermont has its name from two words in another language, 
meaning green and mountain. Its bill of rights provides that 
neither of the branches shall exercise the powers of the 
other ; yet the executive is a concurrent part of the legisla¬ 
ture, and the court for the trial of impeachments. Once in 
seven years, thirteen censors are chosen, who examine, during 
one year, all departments of the government: they have power 
to order impeachments, and to call a convention of the people 
Religious freedom is provided for. 

[Square miles, 10,212.] 

143. State of Connecticut. Constitution adopted in 
1818; till which time it was governed under the colonial 
charter ; has a declaration of rights. 

Legislature. General Assembly, composed of House 
of Representatives and Senate of twelve. Representatives 
chosen in towns, according to numbers; senators by gen¬ 
eral ticket. The citizens are styled in the constitution elec¬ 
tors ; and all white male citizens are such, who are resident 
citizens for six months, and have a freehold of seven dollars 
yearly value ; or who have done militia duty a year, or paid 
a tax. Electors are entitled to vote for all officers, and arc 
eligible themselves to any office. All elections annual. 
Meeting, first Wednesday of May. 

Executive. A governor, chosen by the people for one 
year. No council. Some appointments are made by nomi¬ 
nation of governor to the Senate. Governor has negative, as 
in Massachusetts. Can reprieve, but cannot pardon, that pow¬ 
er residing in the legislature. Removable on impeachment. 
Lieutenant governor is president of the Senate. 


POLITICAL CLASS BOOK. 


55 


Judiciary. Judges chosen by the legislature. Removable 
as in Massachusetts. Disqualified at seventy. 

In this state, entire freedom of religion is secured. There 
is no religious test in office. The constitution recognizes the 
existence of a large school fund, and provides for its perpetu¬ 
ity* [Square miles, 4,674.] 

144. State of Rhode Island. The government of this 
state has been continued, hitherto, under the charter granted 
by Charles II. in 1663. The grant was to a company, com¬ 
prising a governor, deputy governor and council. To this 
branch has been added a House of Representatives, chosen by 
the people, in towns; and a judiciary department, the judges 
of which are chosen annually by the people. The adminis¬ 
tration of the government is carried on by the legislative and 
executive departments, according to the construction given to 
the charter by usage. The powers of the governor are very 
limited. There is perfect freedom as to religious opinions. 
No religious test. Suffrage is universal. 

[Square miles, 1,360.] 

145. State o/New York. This state adopted a constitu¬ 
tion in 1777, and amended it in 1801. A new constitution 
was adopted in 1821. The seventh article enumerates rights, 
and defines powers. This state is divided into counties, and 
the counties into towns, as in New England. 

Legislature. Vested in a House of Representatives, call¬ 
ed the Assembly, and in a Senate. The House is limited to 
the number of one hundred and twenty-eight members. 
The state is divided into districts, by law, among which these 
one handred and twenty-eight are apportioned. The Senate 
is composed of one fourth of that number (or thirty-two), 
who are chosen in eight districts, four senators in each. 
Representatives, and one fourth of senators, chosen annually. 
The representatives must be citizens resident for a certain 
term* and the senators also, and the latter must be free¬ 
holders. Meeting, first Tuesday in January. 

Executive. Vested in a governor, chosen biennially He 
must be a native citizen, must be thirty years of age, a free¬ 
holder, and resident in the state five years. No council. 
Governor nominates judicial and executive officers to the 
Senate; has a qualified negative, and power of pardoning, 
except in treason.—The governor and lieutenant governor 


56 


POLITICAL CLASS BOOK. 


are chosen in virtue of having the highest number of votes 
among those voted for, though it be not a majority of the 
whole. This is called election by 'plurality , from the word 
plus, more ; that is, from having more votes than any other can¬ 
didate. Removable by impeachment. Lieutenant governor 
is president of the Senate. 

Judiciary. This branch of government comprises many 
tribunals. It would require more space than can be given 
to this object, to define the powers of each:—1. The 
court for the trial of impeachments, and correction of errors, 
is composed of the lieutenant governor, the senate, the chan¬ 
cellor, the chief justice, and the two justices of the Supreme 
Court. This court revises the decrees of the chancellor on 
appeal, and the judgments of the Supreme Court on writs of 
error.—2. A chancellor, who has jurisdiction throughout the 
state in equity cases.—3. The Supreme Court of common law 
jurisdiction is composed of three judges (by the constitution). 
—4. Circuit Courts. The state is divided into eight circuits, 
in each of which one judge tries common law cases, and ex¬ 
ercises chancery power to some extent.—5. There are divers 
county courts, of civil and criminal jurisdiction.—6. The city 
of New York has a Superior Court of common law jurisdic¬ 
tion for the city; and, besides its proportion of terms of oth¬ 
er courts, in general, it has many tribunals peculiar to itself. 
—7. Probate courts are held by a surrogate , a term borrow¬ 
ed from English law. Anciently, bishops had the exclusive 
right to settle the estates of the deceased. Surrogate means 
the deputy of the bishop, and is equivalent to judge of pro¬ 
bate.— -8. Justices of the peace are chosen by the people, in 
their respective towns, to serve for four years. A justice be¬ 
coming an innholder is thereby disqualified.—Judges are re¬ 
movable on address of two thirds of the Assembly and majority 
of Senate, and by impeachment, and are disqualified at sixty 
years The English forms of practice still prevail in this 
state ; in most other states, they were not adopted, or have 
been much simplified. 

The constitution provides for religious independence. 
No test oath is required. 

Electors. The qualifications required in 1821 were abol¬ 
ished in Nov. 1826; and this great and populous state 
adopted the principle of universal suffrage. Free colored 
people, only, must be freeholders to be electors. 

146. Further constitutional Provisions. —1. The truth may 


POLITICAL CLASS BOOK. 


57 


be given in evidence to the jury, in all prosecutions or indict¬ 
ments for libels. If the matter alleged to be libellous is 
found to be true, and to have been published with good mo¬ 
tives, and for justifiable ends, the party shall be acquitted ; 
and the jury shall have the right to determine the law and 
the fact.—2. A school fund is created out of proceeds of sales 
ol public lands ;—3. And another fund for internal improve¬ 
ment, in opening communications between the lakes and the 
ocean.—4. Lotteries are prohibited.—5. The clergy are inca¬ 
pable of holding civil or military offices.—6. All votes for any 
elective office, which are given by the legislature or the peo¬ 
ple for the chancellor, or a justice of the Supreme Court, or 
circuit judge, during his continuance in office, are void. 

[Square miles, 46,000.] 

147. State of New Jersey. The constitution of this 
state was established the second of July, 1776 (two days before 
the declaration of independence). It was formed on the 
supposition that the colony might again be taken under the 
protection of the British crown. It has continued to the 
present time, without any amendment, except that of chang¬ 
ing the word colony for state. 

Legislature. Vested in a Council and General Assembly. 
The Council consists of one member from each county, worth 
at least <£1000 ; and in the Assembly, of three members from 
each county, worth, at least, <£500. Power is given to the 
legislature to apportion the representatives in counties. 
Time of meeting, second Tuesday next after the second Tues¬ 
day of October annually. 

Executive. The governor is chosen by the legislature an¬ 
nually. He presides in the Council, is chancellor, military 
chief, and surrogate general. Vice president of Council is 
successor in case of vacancy. The governor and Council 
are a Court of Appeals. The pardoning power is vested in 
this body. 

Judiciary. Judges of Supreme Court are chosen by the 
legislature for seven years; other judges by the same, for 
shorter term. Removable by impeachment. 

Voters must be citizens resident one year, and worth £50. 
Religious freedom, and exemption from taxation for support 
of worship, established. No bill of rights. 

Remarks. This constitution is remarkable for the min¬ 
gling of different powers in one branch. 

[Square miles, 6,900.] 


58 


POLITICAL CLASS BOOK. 


148. State of Pennsylvania. This state took its place as 
a colony in 1682, and its name from Penn, its original pro- ^ 
prietor. It went through the revolution under its original 
charter. The present constitution was established in 1790, 
and has not since been amended. It has a declaration of 
rights 

Legislature. General Assembly, composed of Senate and 
House of Representatives. Senate is not to be more than 
one third, nor less than one fourth of the House, chosen in | 
districts apportioned on the number of taxable inhabitants i 
therein. The House to be not less than sixty, nor more than 
one hundred, chosen in districts on the same ratio as sena¬ 
tors. Qualifications are, age of twenty-five years, citizen¬ 
ship and residence. Representatives chosen annually ; sen- : 
ators for four years, one fourth renewed annually. Meeting, ] 
first Tuesday of December. 

Executive . The governor is chosen by the people trienni- j 
ally, and can be chosen only thrice in twelve years. No lieu- i 
tenant governor. No council. He has the uncontrolled power i 
of appointment of all officers, with remarkably few exceptions. ! 
The president of the Senate succeeds on vacancy. The only ; 
qualifications required are citizenship, and residence in the i 
state seven years next before election. Pardoning power, ex¬ 
cept in cases of impeachment. 

Judiciary. Vested in Supreme Court, and inferior courts. 
Judges are appointed by the governor during good behavior. 
Removable on impeachment, or by address to the governor 
by two thirds of the legislature. No court of chancery. No 
court of errors. 

Voters. Citizenship, two years’ residence, payment of 
taxes ; supposed to be, practically, universal suffrage. 

Remarks . . The constitution of this state is supposed to be 
the least complicated of any in the Union. It has no pecu¬ 
liar provisions, except in the importance which is attached to 
the choice of sheriffs and coroners by the people. The most 
unqualified religious freedom has prevailed in this state from 
its earliest settlement. 

[Square miles, 43,950.] 

149. State of Delaware. This state acted under the co¬ 
lonial charter till 1792. It then adopted a constitution, which 
goes much into detail; and which has not been amended, 
except in one judicial article, adopted in the year 1802. It 
has a declaration of rights. 



POLITICAL CLASS BOOK. 


59 


Legislature. General Assembly, consisting of Senate and 
House. The former never less than one third, nor more 
than one half of the latter. Members of each apportioned on 
counties, with power in two thirds of each branch, to increase 
the number in counties. Citizenship, residence and freehold 
estate required. Senators are chosen for three years ; rep¬ 
resentatives annually. Meeting, first Tuesday of January. 

Executive. Governor, chosen by the people for three 
years ; citizenship, and age of thirty-six years ; ineligible for 
more than three years in six. Has the uncontrolled appoint¬ 
ment of all officers; and the pardoning power, except in 
impeachments. He is succeeded by the “ speaker ” of the 
Senate, on vacancy. 

Judiciarij. The constitution provides minutely for the ex¬ 
ercise of judicial power. The courts are numerous. Judges 
are appointed during good behavior. Removable on im¬ 
peachment, or address of two thirds of both branches. No 
disqualification by age. 

Voters. White citizens ; residence and payment of taxes 
amounting, probably, to universal suffrage. 

Further Provisions. Religious freedom. Members of the 
legislature cannot be appointed to any office created, or the 
emoluments of which have been increased, while they were 
such. The governor may be removed for inability, by two thirds 
of both branches. 

[Square miles, 2,068.] 

150. State of Maryland. The constitution of this state 
was adopted in 1776. It vests in the legislature the power 
of making amendments by proposed acts , which shall be pub¬ 
lished three months before the meeting of the next legisla¬ 
ture, and if confirmed, amendments are thereby effected. 
This power has been frequently exercised, and the constitu¬ 
tion has been amended, and may be further amended in like 
manner. There is a declaration of rights. 

Legislature. Senate and House of Delegates. Senators 
are chosen for five years, by electors , who are chosen in coun¬ 
ties. Citizenship, age of twenty-five years, and three years’ 
residence. Delegates, citizenship, and one year’s residence. 
Chosen by the people annually. Meeting, first Monday in 
December. 

Executive. Governor, chosen by the joint ballot of legis¬ 
lative branches for one year ; may be chosen three years suc¬ 
cessively, and is then ineligible for four years; must be 


60 


POLITICAL CLASS BOO . 


twenty-five years of age, and a resident citizen five years. 
Succeeded by a member of council in case of vacancy. 
There is an executive council of five, chosen by the people. 
Power of pardoning in all cases, except where the laws shall 
otherwise direct. 

The Judiciary. Judges are appointed by governor and 
council, and removable by address of two thirds of legisla¬ 
ture, and by conviction on indictment in a court of justice, 
and not by impeachment. 

Voters. Universal suffrage. 

Remarks. There are two provisions to be noticed : 1. the 
power of amending the constitution, independently of the ex¬ 
press vote of the people ; 2. the removal of judges on convic¬ 
tion. Popular elections are made by plurality of votes. For¬ 
merly, voting was viva voce , or declaration at the place of 
voting, by the voter, of the person by him voted for. This 
mode of voting has been abolished in some parts of the state, 
if not in all. No declaration of religious belief is required, 
and religious freedom is established. 

[Square miles, 10,800.] 

151. State of Virginia. In 1830, the constitution of 
this state was amended by the agency of its selected citizens 
(among whom were two ex-presidents, and the chief justice 
of the United States), who had many and important interests, 
to adjust and to harmonize. It has a declaration of rights. 
The grievances set forth in the Declaration of Independence 
are recited in a preamble , after the lapse of more than half a 
century. 

Legislature is called the General Assembly, composed of a 
House of Delegates, of one hundred and thirty-four members, 
apportioned in four great districts ; and of a Senate of thirty- 
two, apportioned in two greater districts. Members of the 
House are chosen annually by the people ; of the Senate, one 
fourth are annually renewed by popular election. Members 
of both branches must be freeholders. Meeting, annual; 
constitution does not appoint the day. 

Executive. The governor is chosen for three years, by the 
two branches of the legislature, and is eligible but once in six 
years. Citizenship, and residence, and age of thirty. A 
council of three, chosen as the governor is, the senior of 
whom is lieutenant governor. The council are chosen for 
three years, but one of their number is annually renewed. 
The power of pardoning. 


POLITICAL CLASS BOOK. 


61 


Judiciary. Judges and attorney general are chosen by the 
^oint vote of the two branches, during good behavior, and 
are removable on address, or impeachment. 

Voters. White male citizens. The qualifications are 
specially set forth, and all persons not so qualified are exclu¬ 
ded. These qualifications are such that the right of voting 
comes very near to universal suffrage. All elections are 
viva voce, and not by ballot. 

Further Provisions. The clergy are ineligible as legisla¬ 
tors. No legislative provision can be made for religious wor¬ 
ship : every one is free to believe, and worship, as he pleases; 
and the relation between the clergy and their parishioners is 
placed upon the footing of their own will, and on that of 
any civil contract. The constitution does not disqualify 
persons for civil office in consequence of having been en¬ 
gaged in a duel; but it enables the legislature to make laws to 
that effect. This power the legislature may be supposed to 
have had without such provision ; it amounts, therefore, only 
to a recommendation so to legislate. 

[Square miles, 64,000.] 

152. State of North Carolina. Constitution adopted in 
1776. It has never been amended ; and contains no provi¬ 
sion for making amendments. It has a declaration of rights. 
No time of meeting in constitution. 

Legislature. The General Assembly is composed of a 
Senate and House of Commons. Each county chooses one 
senator and two representatives, who must be freeholders, and 
residents one year. 

Executive. The governor must be a freeholder, thirty 
years of age, and resident five years. He is chosen annually 
by the legislature, and is ineligible three years out of every 
six years. A council of seven is annually chosen by the leg¬ 
islature. Power of pardoning. Removable by impeachment, 
or presentment of a grand jury. 

Judiciary. Judges chosen by the legislature during good 
behavior ; removable on impeachment or indictment. 

Voters for senators, must be freeholders, and resident 
citizens; for members of House of Commons, payment of 
taxes, and residents one year. 

Further Provisions. The clergy are excluded from the 
legislature and council. Atheists are ineligible to any office. 
Religious freedom recognized in like manner as in Virginia. 
Imprisonment for debt, after surrender of all estate, unconsti- 


POLITICAL CLASS BOOK. 


tutional. Schools required to be established, and such sala¬ 
ries to be paid “ by the public,” as may enable masters to in¬ 
struct “ at low prices.” 

[Square miles, 43,800.] 

153. State of South Carolina. Constitution adopted in 
1790. It contains a provision, similar to that of Maryland, 
for amendments. It has been twice amended, once in 1808, 
and again in 1816. 

Legislature is composed of a General Assembly, consisting 
of Senate and House. One hundred and twenty-four repre¬ 
sentatives are apportioned in districts, in such manner, that 
each representative shall represent one sixty-second part of 
the whole number of white inhabitants, and one sixty-second 
part of the whole amount of taxes raised by the state. The 
Senate, of forty-five, are chosen in election districts, which 
are established for the choice of representatives. Members 
of House of Representatives chosen for two years; senators 
for four years, half of them renewed biennially. The for¬ 
mer must be resident citizens three years; the latter for five 
years, and must be also thirty years of age, and freeholders. 
Meeting, first Monday in November. 

Executive. The governor, chosen by the legislature for 
two years ; re-eligible after four years ; must be thirty years 
of age, a citizen resident ten years, and a freeholder. He 
has no council. Has the power of pardoning. A lieutenant 
governor, of like qualifications, is chosen, who has no power 
or duty unless the office of governor becomes vacant. Re¬ 
movable by impeachment. 

Judiciary. Judges appointed by joint ballot of the legis¬ 
lature, during good behavior. Removable by impeachment. 

Voters. Resident citizens two years, and freehold, or pay¬ 
ment of taxes to the amount of three shillings sterling, which 
comes near to universal suffrage. 

Other Provisions. Religious freedom established. Clergy 
ineligible to any civil office. 

[Square miles, 30,080.] 

State of Georgia. Constitution adopted in 1798. 
It has been amended in one judicial provision. It has no 
declaration of rights. It establishes religious freedom. 

Legislature. The same organization as in South Carolina. 

1 he benate and House chosen in counties, according to white 
population, adding thereto two fifths of people of color. Cit- 


POLITICAL CLASS BOOK. 


63 


izenship, residence, age, and freehold or other taxable prop¬ 
erty. Meeting, second Tuesday of January. 

Executive. Governor. No council. Citizenship, age, 
freehold or taxable property. Qualified negative, as in Mas¬ 
sachusetts. Has pardoning power, except in impeachment; 
power of reprieve in treason and murder, till session of legis¬ 
lature. Removable on impeachment. On vacancy, presi¬ 
dent of the Senate. Governor is chosen by the legislature 
biennially. Has a qualified negative, as in Massachusetts. 

Judiciary. Superior judges chosen by the legislature for 
three years. Removable by address and impeachment. 

Voters. Qualifications, practically, amount to universal 
suffrage. [Square miles, 58,200.] 

155. State of Kentucky. Constitution adopted in 1799; 
has not been amended. Convention necessary to amend. 
Has declaration of rights. 

Legislature. Senate and House of Representatives. Sen¬ 
ators chosen for four years ; one fourth renewable annually. 
Whole number twenty-four ; may be increased in proportion 
of one for every three added to the House. Resident citizen 
six years ; age thirty-five. Chosen in districts, in proportion 
to qualified electors. Representatives must be resident citi¬ 
zens two years ; age twenty-four ; proportioned on qualified 
electors. Whole number never less than fifty-eight, nor more 
than- one hundred. Meet annually, first Monday of Novem¬ 
ber. 

Executive. Elected by electors as above, for four years ; 
then ineligible for seven. Resident citizen six years; age 
thirty-five. Power of pardon, except in cases of impeach¬ 
ment ; of reprieving in treason, till the legislature are con¬ 
vened. Power of nomination to the Senate to all judicial, 
and other important offices. Qualified negative, as in Mas¬ 
sachusetts. Lieutenant governor, who is president of the 
Senate. No council. 

Judiciary. Tenure of office the same as in Massachusetts, 
and removable as in that state. 

Voters. Universal suffrage. 

Other Provisions. Members of legislature disqualified for 
one year to accept any office created, or any the emoluments 
of which have been increased during membership. Clergy 
disqualified for civil office. Legislature empowered to pro¬ 
vide by law for the manner of instituting suits against the 


64 


POLITICAL CLASS BOOK. 


state. In all elections, voting is viva voce , and not by ballot. 
Slaves not to be emancipated by law, without consent of 
owners; nor without compensation therefor ; nor to be pro¬ 
hibited from being brought into the state by emigrants. Laws 
shall be passed to permit owners to emancipate on certain 
conditions, and to prevent slaves from being brought into 
the state as merchandise. Provisions are made for the en¬ 
acting of laws requiring humane treatment, and trial by jury 
for offences. Religious freedom established. 

[Square miles, 39,000.] 

156. State of Tennessee. Constitution adopted in 1796. 
Amendable by convention ; has not been amended. Has 
declaration of rights. 

Legislature. Senate and House; both apportioned on 
taxable inhabitants. House never to exceed forty ; Senate 
never more than half, nor less than one third, of the House. 
A freehold qualification required in both Houses. Meeting, 
third Monday in September every second year. 

Executive. Governor, chosen by the people, by plurality 
of votes; must be a resident citizen four years, thirty-five 
years of age, and a freeholder. Elected for two years ; in¬ 
eligible more than six years in eight. Power of pardoning, 
except in impeachment. A lieutenant governor, chosen at 
same time ; same qualifications ; is president of the Senate. 
No negative ; no council. No power of appointment, except 
in cases of vacancy, is given to the executive. 

Judiciary. Chosen by the legislature, during good beha¬ 
vior. Removable by impeachment. No disqualification by 
age. 

Voters. Universal suffrage. 

Other Provisions. The clergy are excluded from the leg¬ 
islature. Atheists are disqualified for every civil office. Re¬ 
ligious freedom established. 

[Square miles, 40,000.] 

157. State of Ohio. Constitution adopted 1802. Amend¬ 
able by convention ; has not been amended. Has bill of 
rights. 

Legislature. House and Senate. Members of the for¬ 
mer, resident citizens one year ; age twenty-five ; and must 
have paid taxes; chosen in counties, according to number of 
white male inhabitants above 21 years of age. Whole num- 


POLITICAL CLASS BOOK. 


65 


ber never less than thirty-six, nor more than seventy-two. 
Senators, same qualifications ; chosen for two years ; one 
half renewed annually ; chosen on the same basis as mem¬ 
bers of the House ; and not to be less than a third, nor more 
than half, of the number of representatives. Meeting, on first 
Monday in December. 

Executive. Governor, chosen by the same electors for two 
years ; eligible six years in eight; must be thirty years of 
age, and a resident citizen four years. Power of pardoning 
except in impeachments. Speaker of the Senate is succes¬ 
sor. No council ; no negative ; no power of appointment. 

Judiciary. Chosen by joint ballot of two branches of the 
legislature for seven years. Removable by impeachment. 

Voters. Universal suffrage. 

Other Provisions. Religious freedom. Slavery prohibited, 
and provision for ending existing servitude by lapse of time. 

[Square miles, 39,000.] 

158. State of Indiana. Constitution adopted in 1816. 
Amendable by convention ; has not been amended. Has a 
bill of rights. 

Legislature. Senate and House. Qualifications of mem¬ 
bers, resident citizens, and payment of tax; basis, numbers 
of white male inhabitants above twenty-one ; chosen in coun¬ 
ties and districts. Members of House chosen annually ; sen¬ 
ators for three years, one third renewable annually. Meeting, 
on the first Monday of December. * 

Executive. Governor, chosen by same electors for three 
years; eligible six years in nine ; must be resident citizen 
five years, and thirty years of age. Power of pardon, as in 
Ohio; has qualified negative, as in Massachusetts. Nomi¬ 
nates all officers (with few exceptions) to the Senate. Lieu¬ 
tenant governor, who is president of the Senate. 

Judiciary. The judges hold their offices for seven years. 
The mode of appointment is peculiar to this state. The 
judges of the Supreme Court are appointed by the governor, 
with the consent of the Senate ; the presidents of the circuit 
(or county) courts, by the joint ballot of the two branches of 
the legislature; and the associate judges of this court are 
elected by the people. Removable on impeachment. 

Voters. Universal suffrage. Election by ballot, with 

power in the legislature to make it viva voce. 

Other Provisions. Education liberally provided for. Sla¬ 
very prohibited. Acts of legislature not in force till “ pub- 
6 * 


66 


POLITICAL CLASS BOOK. 


lished in print.” The like provision as to libels as in the 
state of New York. Religious freedom established. 

[Square miles, 36,250.] 

159. State of Louisiana. Constitution adopted in 1812 ; 
has not been amended : amendable by convention. No bill 
of rights. 

Legislature. House and Senate. Representatives chosen 
for two years; must be citizen residents two years, and free¬ 
holders ; chosen on the basis of the number of qualified elec¬ 
tors ; not less in number than twenty-five, nor more than 
fifty. Senators, fourteen in number, chosen in districts, for 
four years; half renewed biennially. Senators must have 
been resident citizens four years, twenty-seven years of age, 
and freeholders of the value of $1000. Members of either 
branch can take no office created, or office of which the 
emoluments were increased, during their membership, unless 
by popular election. Meeting, first Monday in January. 

Executive. The members of the two Houses ballot for 
one of the two candidates, who have obtained the highest 
number of votes from the electors qualified to choose these 
members. The governor is elected for four years ; is ineli¬ 
gible next four years; must be citizen resident six years, 
thirty years of age, and freeholder of $5000 value. Clergy¬ 
men ineligible ; also members of Congress. Power of par¬ 
doning, with the assent of the Senate ; but not in impeach¬ 
ments. President of the Senate, successor. Has a qualified 
negative, as in Massachusetts. No council. Has the gen¬ 
eral power of appointment with the consent of the Senate. 

Judiciary. Appointed during good behavior ; removable 
on impeachment or address. 

Voters. The provisions exclude none but those who have 
not paid a tax ; suffrage is, probably, universal. 

Remarks. The clergy are excluded from civil office. This 
constitution is silent as to religion, and education, and sla¬ 
very. [Square miles, 48,220.] 

160. State of Mississippi. Constitution in 1817. Has a 
declaration of rights; amendable by convention ; has not 
been amended. 

Legislature. Senate and House ; members of both chosen 
by the qualified electors of- the state. Members of House of 
Representatives must be resident citizens two years ; twenty- 
two years of age, and freeholders of the value of $500. Whole 


POLITICAL CLASS BOOK. 


67 


number never less than thirty-six nor more than one hundred, 
chosen for one year. Senators shall never be less than one 
fourth, nor more than one third, of the number of the House ; 
apportioned on taxable inhabitants, in districts ; must be resi¬ 
dent citizens four years; twenty-six years of age ; freehold, 
or other estate of $1000. Similar provision as in Delaware, 
as to offices created, &,c. during membership. Time of 
meeting, first Monday of November. 

Executive. Chosen by same electors; must have been a 
citizen twenty years, a citizen resident five years, thirty 
years of age, and a freeholder of the value of $2000. Has 
qualified negative, as in Massachusetts. Chosen for two years. 
Has no power of appointment ; no council. Has the power 
of pardoning, except in cases of treason and impeachment. 
Lieutenant governor, who is president of the Senate. 

Judiciary. Judges are chosen by the legislature, during 
good behavior. Removable by impeachment or address ; 
disqualified at sixty-five years of age. 

Voters. The provisions amount to universal suffrage. 

Other Provisions. Clergy excluded from civil office. 
Legislature shall provide, by law, in what manner and in what 
courts suits may be brought against the state. Religion and 
education “ shall be forever encouraged in this state.” 
Slaves; there is a provision similar to that in the constitution 
of Kentucky. 

[Square miles, 45,350.] 

161. State of Illinois. This constitution was established 
in 1818, and is, in general, so much like that of Mississippi, 
that it is unnecessary to notice anything but the points of dif¬ 
ference. Slavery is forbidden in Illinois. The governor 
and the judges of the Supreme Court, jointly, exercise the 
qualified negative on legislative acts, which, in some other 
states, is vested in the governor. First Monday of December, 
every second year. Voting, viva voce. 

[Square miles, 59,000.] 

162. State of Alabama. Constitution adopted in 1819. 
The provisions are so similar to those in the state of Mississippi, 
that it is unnecessary to describe them. The greatest num¬ 
ber of representati ves is one hundred. The Senate not less 
than a fourth, nor more than a third, of that number. Meet¬ 
ing, fourth Monday of October. 

[Square miles, 50,800.] 


68 


POLITICAL CLASS BOOK. 


163. State of Missouri. Constitution adopted in 1820. 
This constitution is so much like that of Mississippi, that it is 
needless to describe it. Meeting of legislature, first Monday 
every second year. Whole number of representatives never 
to exceed one hundred. 

[Square miles, 60,300.] 

164. The states in which slavery exists are Delaware, 
Maryland, Virginia/North Carolina, South Carolina, Georgia, 
Kentucky, Tennessee, Missouri, Louisiana, Mississippi and 
Alabama. Michigan Territory [containing 54,000 square 
miles] will not have slaves within it. In Arkansas Territory 
[containing 121,000 square miles, about one third more than 
New England] slavery exists, and will continue to exist. In 
the District of Columbia [containing 100 square miles] sla¬ 
very is permitted. This District is subjected to the legisla¬ 
tion of Congress. The city of Washington is within its lim¬ 
its. It has a judiciary by act of Congress ; an appeal lies to 
the Supreme Court of the United States. Besides the parts 
of the United States which have been noticed, there are the 
North-western Territory, and the Missouri Territory, which 
are supposed to exceed in square miles one half of all the 
residue of territory within the United States. It is supposed 
that slavery will not be permitted in any part of these vast 
regions, unless in that which lies west of the state of Missouri. 

165. It will be noticed, that universal suffrage is allowed 
in nearly all the states, the qualifications, citizenship except¬ 
ed, being little more than nominal. Where constitutions 
have been revised, the right of voting has been extended to 
nearly all who are citizens. In constitutions recently formed, 
the right has been made equally extensive, unless the case of 
Virginia be an exception. If there be any persons who as¬ 
sert that the universality of suffrage is the unsound part of 
our political theory, they take on themselves to show one of 
two things, namely, (1.) that a restricted right of suffrage is 
practicable, and would be more safe ; or, (2.) that our forms 
of government will not endure. The right to vote has been 
made dependent sometimes on property, or on being a house¬ 
holder, or on maturer years than twenty-one ; and sometimes 
the interposition of electoral bodies has been deemed a secu¬ 
rity. But it does not appear, that where such provisions have 
been established, better results have been obtained, either as 
to the elected, or as to measures. It remains, however, to be 


POLITICAL CLASS COOK. 


69 


known, what the effect of general suffrage is to be, in a very 
numerous and dense population. Probably none of the 
American cities are yet large enough to test the principle in 
this respect. 

166. This comparison of constitutions further shows, that 
very little seems to depend on the mode in which legislative, 
executive and judicial powers are brought into action. The 
great principle of keeping these three powers separate from 
each other, does not appear to have been strictly adhered to, 
in all the states; nor does it appear, that any evil has arisen 
from disregarding it to some extent. The success of our ex¬ 
periment does not seem to depend so much on the exercise 
of legislative and executive authority, as on that which is ju¬ 
dicial. In nearly all the states, the administration of justice, 
through the agency of juries, grand juries, and learned and 
independent judges, appears to be duly and justly esteemed 
and respected. If there should be legislative and executive 
abuses, which the elective franchise fails to correct, the judi¬ 
cial power offers the only remaining remedy of an orderly 
and peaceable nature. No instance is recollected of making 
the judiciary less independent, on revising any constitution ; 
but several, where it has been made more so. 

167. In some of the states, there is a highly honorable 
constitutional provision ; it is, that the legislature may pro¬ 
vide by law for the institution of suits against the state itself. 
Such a provision in the constitution of the United States, 
properly carried into effect, would have saved much time and 
money. Many days are devoted, in each session of Congress 
(which sits at the expense of at least $2000 a day), to the 
settlement of private claims, which could be settled, with lit¬ 
tle expense comparatively, and with much economy of time, 
either by a court, or board of commissioners. It is unjust 
that those who have well founded claims, should have no 
remedy but petitioning Congress, and attending session 
after session, awaiting a hearing and a decision, frequently 
until debate on fruitless motions is ended. The power so 
exercised is properly judicial, and not legislative. It is be¬ 
lieved that Congress have the power to provide such reme¬ 
dies, although the constitution does not expressly give such 
power. 


70 


POLITICAL CLASS BOOK. 


CHAPTER XIV. 

The Constitution of the United States. 

168. A brief sketch of the settlement of this country will 
be useful to the young, to enable them to understand in what 
manner the national constitution was introduced. 

(1.) In 1492, America was first known to Europeans, by 
the discovery of Columbus. Islands, and parts of the Amer¬ 
ican sea-coast, were taken possession of by those nations of 
Europe who were engaged in commerce on the ocean. The 
right which the Europeans set up to America, was, that God 
had given the earth to those who were blessed with the rev¬ 
elation of Christianity ; that the heathen might be lawfully 
driven out of the lands which their Creator had given to 
them, or might lawfully be subdued, and made the subjects 
of Christians. Europeans who came from Catholic countries 
considered the pope to have the power, as the supreme head 
of the church, to give the country of the heathen to the faith¬ 
ful. Those who came from Protestant kingdoms considered 
their respective sovereigns to have the like power. The right, 
thus founded, was asserted by force, and the dominion was 
obtained by conquest. 

169. (2.) The right to dispossess the Indians has since 
been asserted on this principle :—The Creator must have in¬ 
tended the greatest good to the human race ; that, as each 
individual regards existence as a benefit, the sum of happi¬ 
ness must be proportioned to the number of persons ; that, as 
a greater number of civilized persons than savages can hap¬ 
pily exist on a square mile, the savages may lawfully be driven 
away, to permit civilized men to exist and enjoy the blessings 
of life. 

170. (3.) On whatever principle the justification of the 
acts of Christians towards the natives of America may rest 
(if it can rest on any), the fact has been, that the natives 
have been destroyed gradually, or thrown back, as white men 
advanced. This process is likely to go on, until the Indian 
will be known only in memory and history 

171. That territory which is now the United States (ex¬ 
cepting Louisiana and Florida, which have been acquired 
within the present century) became colonies of Great Britain 
at different times. The earliest settlement was in Virginia, 
in 1607 * the latest in Georgia, in 1732. Since the latter 


POLITICAL CLASS BOOK. 


71 


time, there were thirteen colonies, down to the time of the 
revolution. A colony means a settlement of persons who go 
from the parent country to a distant place, but who remain 
subject to the parent country. 

172. The colonies attempted to form some union among 
themselves at different times. The New England colonies 
did so in 1643, for some limited purposes. The last attempt 
at a more general union of the colonies, was in 1754. Dr. 
Franklin was one of those who had an agency in the attempt, 
and appears to have been of opinion, “ that a union of the 
colonies was absolutely impossible, or, at least, without be¬ 
ing forced by the most grievous tyranny and oppression.”* 

173. When the measures of Great Britain compelled the 
colonies to resist, in 1775, they formed the articles of “con¬ 
federation which word signifies a league or union among 
several distinct states or sovereignties, to do certain acts, 
which are expressed in the articles of agreement entered into 
by the parties. The word foedus ,f in the Latin language, 
signifies a league or covenant, and is usually applied to con¬ 
tracts made between sovereigns. The word sovereign is from 
the French souverain. It means that power, in an indepen- 

I dent state or kingdom, which is superior to all other power 
within the same. Where kings rule, they are called sove- 
! reign; in republics, the people are the sovereign. This 
' government was conducted by a Congress (derived from a 
Latin word, meaning an assembly of persons), which exer¬ 
cised all the powers expressed in the articles. It could make 
laws, but it could not apply them, nor cause them to be exe¬ 
cuted. Till 1787, the intelligent men of the country were 


* Kent’s Comm. I. 193. 

f The word federal is derived from foedus. There were federal govern¬ 
ments in Greece; and at the close of the last century, in Holland; and more 
recently, in South America. The union of the states, so far as the states are 
concerned, is federal; so far as the union is a government over one people, 
it is not. When the constitution was before the people in 1788, for adoption 
or rejection, there was a difference of opinion. Some were for it, some were 
against it. Those who were for it, were called federalists ; those who were 
against it, were called anti-federalists. There were able and honest men on 
both sides. John Jay, and James Madison, and Alexander Hamilton, ioined 
in a publication in favor of it. Their work is called “ The Federalist,” and 
is, and must ever be regarded as, a work of exalted merit. Strong political 
parties arose on this occasion. Like other parties, they have passed away, to 
give place to new ones. In popular and other governments, parties must ex¬ 
ist. Those are the most dangerous which support men without regard to 
principle. The most commendable are those which support men, not to gain 
a benefit to themselves, but to secure the righteous operation of the principles by 
which the people have consented to be governed. It is no uncommon thing 
for the former to pass themselves off for the latter. 





72 


POLITICAL CLASS BOOK. 


convinced, that the intercourse between the states, and the 
relation of the several states to foreign nations, would produce 
the most serious difficulties. They foresaw that all the good 
expected from independence was in great peril. It appeared 
to them that the states might soon wage war among them¬ 
selves, and might seek foreign alliances to aid them in their 
contentions. It thus became a most solemn duty to attempt 
the establishment of such a union as would keep peace, en¬ 
sure good neighborhood and its benefits, and make the inter¬ 
est of each state, in relation to all foreign states, one and the 
same, in peace and in war. 

174. In 1787, a convention was held in the city of Phila¬ 
delphia, to form a new and more perfect union. All the 
states then existing sent delegates, except Rhode Island. 
The numbers present at the time of final agreement on the 
form of the constitution were as follows : from New Hamp¬ 
shire, Massachusetts, Connecticut and Georgia, two each ; 
New York, one ; New Jersey, four ; Pennsylvania, eight; 
Delaware, five; Maryland, Virginia and North Carolina, 
three each; South Carolina, four. In this assembly w ere 
many high, pure and honorable minds, well worthy of the se¬ 
rious duty in which they had engaged. All of them w r ere 
eminent men ; and some of them have since appeared in the 
highest offices of trust and honor in the nation. Other mem¬ 
bers had been present during the session, but had returned 
home before the business was finished ; and their names do 
not appear as signers of the instrument agreed on. 

175. George Washington was the president of this Con¬ 
vention. It appears, from the letters w hich he wrote to his 
friends, who had, like himself, hazarded their fortunes and 
lives in the war, that he considered the union of the states, 
under a well-balanced form of government, as the only means 
of preserving civil liberty. If there was good reason for form¬ 
ing the union, there must be good reason for continuing it. 
If it was feared that the states would fall into contentions 
among themselves, if not politically united, the same fear 
would arise if they were to be separated. If it was probable 
that the states could be saved from dangerous leagues with 
foreign powers, only by a firm alliance among themselves, 
that perilous consequence might follow, if this alliance were 
broken. 

176. It would not be reasonable to expect that the opera¬ 
tions of a government over so extensive and varied a commu¬ 
nity as that of the United States, will always be such as to be 


POLITICAL CLASS BOOK. 


73 


entirely satisfactory in every part. There have been, there 
are, and there will be, causes of dissatisfaction, in some 
part. Yet can any one doubt that our lot, as a nation, is 
a far better one than that of any equal number of persons 
elsewhere in the world ? The people of the United States 
have not the means of comparing their country, its institu¬ 
tions and advantages, and themselves, politically and socially, 
with the rest of the world. If this could be done, there 
would be far less of complaint, and a more common expres¬ 
sion of thankfulness. 


CHAPTER XV. 

Constitution of the United States — continued. 

177. Three things deserve notice ; first, that an assembly 
collected from the whole extent of the states, from New 
Hampshire* to Georgia, representing so many and such varied 
interests, should have been able to agree on any system of 
government; secondly, that the system which was agreed on, 
and which was submitted to the critical examination and pat¬ 
riotic jealousy of conventions, in all the states, acting sepa¬ 
rately and independently of each other, and at different tindes, 
should have obtained assent, absolutely irrevocable, unless by 
the will of a majority of the whole people * thirdly, that the 
system adopted should have been found, on actual experiment 
of forty years, to be fully competent to all the purposes for 
which it was designed. .It has proved to be capable of adapt¬ 
ing itself to all the changes which an increasing, thriving and 
expanding nation was to undergo, and to any number of 
members in an extending confederacy. I he framers of this 
system are entitled to the gratitude of their countrymen ; and 
the people who adopted their work well deserve to be hon¬ 
ored by their fortunate descendants. 

178. This remarkable contract has been differently under¬ 
stood by different and intelligent minds. It has been held to 
be, (I.) a contract between sovereign states, to establish and 
maintain a government for the common good of the states, 
and the inhabitants of the states; (2.) a contract, between 
each state and all the other states, to establish and maintain 
a government to the same ends; and that each state reserved 
to itself the right of judging of the meaning of the contract, 
7 






74 


POLITICAL CLASS BOOK. 


and whether it had been kept or broken ; (3.) a contract, be¬ 
tween each citizen dwelling within the United States and all 
.other citizens, to establish and maintain a government for the 
good of the whole, with limited and defined powers ; and pro¬ 
viding that all powers not expressly given, or necessarily 
flowing from those which are so given, are reserved to the 
states, or to the people; with authority in the government, so 
created, to expound its own powers. 

179. In this latter sense, the constitution is now under¬ 
stood by the most eminent men in our country, and is so un¬ 
derstood by the high authority of the Supreme Court of the 
United States, which, in the last resort, is to expound the 
constitution, and the laws made under its authority.* 

180. It will be seen, in the examination of this instrument, 
that the state governments are required to do some acts in 
relation to the general government; but these acts are not 
done in the nature of acts of sovereignty of the states, but as 
acts so agreed by the people to be done by the aid of forms 
which were previously existing, and in familiar use. 

181. The people of each one of the United States had de¬ 
clared in each state in what manner they would be govern¬ 
ed, and they had made this declaration by a written constitu- 
tmn. They were living under their respective constitutions 
and under the articles of confederation, when they took into 
view the establishment of a new form of government for the 
whole people. Conventions were held, and proposed meas¬ 
ures discussed, according to forms familiar in the states. In 
our own state, the inhabitants of towns were assembled in 
the common mode ; the choice of delegates to the conven¬ 
tion was made and certified as in other elections. 

182 The convention 8 did not represent the state, but the 

St" 6 ti tHe State> aS part of the P“P'e of the 
i The , oonstitution was not adopted by the 

state, but by the people dwelling in the state. The people 

Wn» g v? ed ’ u h K C T am P° wers ’ which before that time had 
been exercised by the state government and the Congress 

erelsedh 0 “ of ““federation, should, thereafter, be ex- 

constitution^thn? ^ chosen *? adr nmister the national 
that “> ‘o exercise the powers expressly given 
and necessarily implied, and none others. * S ’ 

l he constitution does not, and could no t, descend to 

Supreme Court of Ihe United State. i- M—:. 

Hunters lessee. Theopuuon pronounced by Judge Story.-! 






POLITICAL CLASS BOOK. 


75 


every minute particular : it is general in its terms, and pro¬ 
vides in itself for the manner in which those terms shall be 
expounded and applied. It does this with as much security 
as is possible in the nature of things, by reserving to the peo¬ 
ple the return of power at stated periods, when they can judge 
whether authority shall be continued in the same hands, or 
transferred to others. 

184. Thus it will be found, that, while the state govern 
inents continue to exercise various powers, according to the 
will of the people in each state, and in the manner which 
their peculiar circumstances require,—the general govern¬ 
ment exercises other and distinct powers, for the general wel¬ 
fare of the whole nation, in those matters in which the whole 
nation have a common interest. 

185. If it be asked, What is to be done, if the national 
rulers abuse their power ? the answer is, If it be a case in 
which one or more public officers can be impeached and tried, 
that is the remedy : if it be a case which is regularly cogni¬ 
zable before the judiciary tribunals, a remedy is found there. 
Suppose that the legislative and executive powers should 
unite in making a tyrannical law, and that no remedy could 
be had by impeachment or judicial trial; or suppose a state, 
as such, puts itself in avowed hostility to the national govern¬ 
ment ; what is to be done ? Such cases are not to be sup¬ 
posed, and consequently are not provided for. If they hap¬ 
pen, consequences must take care of themselves. No law 
w T as found in the code of Athens, to punish a son for killing 
his father, because the making of such a law might be an 
admission that such a crime could be committed. The 
powers in the national constitution are of like nature with 
those of the states. They comprise the making of laws, judg¬ 
ing of, and executing them. 


CHAPTER XVI. 

Legislative Power. 

186. There is, first, a law-making authority vested in 
Congress, which consists of a House of Representatives and 
Senate, each of which branches can dissent from or agree to 
the acts of the other ; the concurrence of both being neces¬ 
sary, as in the state governments, to the making of a law. 



76 


POLITICAL CLASS BOOK. 


When a bill has passed both branches, and has been copied 
on parchment (which is called engrossing ), and is signed by 
tiie presiding officers, it is sent to the president. If he signs 
it, it becomes a law. If he will not sign it, he sends it back 
with his reasons. If two thirds of both branches concur, it 
becomes a law, without the president’s signature. The rolls 
of parchment containing the laws, are deposited in the office 
of the secretary of state, who is the certifying officer of the 
nation. 

187. The House of Representatives can never have a 
greater number of members than one for every thirty thousand 
inhabitants ; but Congress have the power, once in every 
ten years, to determine by law on the number of inhabitants 
entitled to have one representative. 

188. The manner of computing the numbers is different 
in the slave-holding states from what it is in the others. 
Representation and taxation go together. In the slave-hold¬ 
ing states, the white population and the slaves are numbered. 
The number of white persons, and three fifths of the slave 
population, make the numbers on which the right of sending 
representatives is founded. Thus, suppose a state to have 
640,000 white persons, and 425,000 slaves; three fifths of 
the latter are to be added to the former, making 895,000 : 
and on this number such state sends representatives. If a 
state has 640,000 white persons, and no slaves, it sends repre¬ 
sentatives apportioned on 640,000 only. 

189. Thus citizens of the slave-holding states have more 
representatives in Congress than an equal number of white 
persons in other states; but then they are liable to a greater 
tax in proportion, when taxes are raised by direct assessment. 
Practically, this liability to taxation is of little importance, as 
direct taxes on property have rarely been laid, and seem, at 
present, not likely to be more resorted to in time to come. A 
greater proportion of representatives is always had by the slave¬ 
holding citizens; but this is part of the national contract, and 
is as binding on all the nation as any other part of it. This 
provision may be considered in another light, namely : If it 
be assumed that all the human beings in the United States 
are the basis of representation, two fifths of all persons not 
free are unrepresented. In this view, free states are the 
gainers. It may be doubtful whether colored population was 
regarded as persons, or as property. 

190. The number of inhabitants in the Union is known 
once in ten years, by taking a census. This v/ord is from 


POLITICAL CLASS BOOK. 


77 


the Latin, and was used among the Romans to signify the 
valuation of any man’s estate ; the registering of one’s self, 
one’s years, one’s family, and servants. In the United States, 
it means simply an enumeration of the people, though Con¬ 
gress might make it to include a classification of employments, 
and some other objects. 

191. The apportionment aimed at in fixing the number 
for one representative, is to keep the House of Representa¬ 
tives always as near the number of two hundred as may be. 
The number is not constitutionally limited, but depends on 
a law of Congress. 

192. Representatives are chosen once in two years, by the 
people of the states, at such time, and in such manner, as 
each state by law determines. States, are usually divided 
into districts, comprising the number of inhabitants entitled 
to one representative. A state may not so divide itself, but 
may order the whole number, which it is entitled to send, to 
be voted for on one ticket, throughout the state. No per¬ 
son can be a representative, who is not twenty-five years 
old, and who has not been a citizen seven years, and who 
is not resident in the state in which he is chosen. The 
House of Representatives has a speaker, who presides, and 
a clerk as recording officer. Massachusetts, and some 
other states, provide by law, that a representative shall be 
an inhabitant of the district in which he is chosen. It is 
doubtful whether the constitution of the United States au¬ 
thorizes this provision ; but a question on this point can 
hardly arise. 

193. The Senate of the United States is composed of two 
senators from each state. They are chosen by the state leg¬ 
islature, for six years; No person can be a senator, who is 
not thirty years of age, or who has not been a citizen nine 
years, and who is not an inhabitant of the state in which he 
is chosen. The places of one third of the Senate are vacated 
at the end of two years, and new elections take place. 

194. The Senate act in three capacities : (1.) as one branch 
of the legislature ; (2.) as a judicial court for the trial of im¬ 
peachments ; (3.) as part of the executive power, for the pur¬ 
pose of approving or disapproving, by a vote of the majority, 
of the appointments made by the president. When a treaty 
is made with any foreign power, it is submitted to the Sen¬ 
ate by the president. Two thirds of the Senate must approve 
of it, to make it valid. The House of Representatives have 
no concern with making treaties. 


78 


POLITICAL CLASS BOOK. 


195. The vice president of the United States presides in 
the Senate. Their secretary is the recording officer. 

196. Congress have power to make Jaws on such subjects 
only as concern the safety, support and general welfare of 
the nation, as defined in the constitution. Congress are, 
therefore, to provide for the common defence ; for the pay¬ 
ment of the public debt; for the regulation of commerce' and 
foreign intercourse; for the manner in which aliens may be¬ 
come citizens ; for a uniform system of bankruptcy ; for the 
coining of money ; for fixing the value of foreign coin; for 
a standard of weights and measures; for securing, for lim¬ 
ited times, to authors and inventors, an exclusive right 
in writings and discoveries ; for post-offices and post¬ 
roads ; for the punishment of crimes against the United 
States ; for the support of the army and navy ; and for dock¬ 
yards, forts, arsenals, and other means of defence ; for calling 
forth the militia, to execute the laws of the Union, suppress 
insurrections, and repel invasions ; and for organizing, arming 
and disciplining the militia. Congress may also establish 
such judicial courts as are necessary, to take cognizance of 
all breaches of the laws, which it is empowered to make. All 
powers necessarily implied in those expressly given, or by fair 
interpretation of the terms used, are also granted. 

197. The regulation of the moneyed currency is among 
the highest powers of sovereignty, and includes coining. 
The word coin is from the French language, and signifies a 
stamp. Our gold, silver and copper money is thus derived :— 
Congress establishes the proportions of pure metal and of al¬ 
loy, and the weight of the mixture, which makes any piece 
of money. The treasury of the United States buys the metal, 
causes it to be tried at the mint, and prepared in the circular 
form in which we see it. The pieces are then placed under 
the action of powerful machinery to be coined or stamped. 
The money is paid out by the treasury, and so gets into cir¬ 
culation. Banks and individuals may have bullion (any un¬ 
coined gold or silver) coined at the mint. 

Of certain Powers vested in Congress. 

198. Naturalization. Congress have power to provide by 
law for the mode in which persons who were born in other 
countries, may become citizens of the United States. Such 
persons are required to make a written declaration, before a 
court, that they have the intention to become citizens. If 


POLITICAL CLASS BOOK. 


79 


they continue to reside in the country two years (as the law 
now is), and then apply to be admitted as citizens, the for¬ 
mer declaration is produced to the court. Witnesses, to 
prove residence, and the fitness of the applicant to become a 
, citizen, as to moral character, and attachment to the consti¬ 
tution, are examined. The applicant is required to make 
oath that he renounces all allegiance to his former sovereign, 
and that he will bear true faith and allegiance to the United 
States. He may then be admitted by the court to be a citi¬ 
zen, with all the rights and duties of a native citizen. If 
the applicant has a title of nobility, he must renounce that; 
if he never had such a title, he must swear that he has never 
been of any order of nobility. 

199. Bankruptcy. The meaning of this word is defined 
in a subsequent page. Congress have power to establish a 
• uniform system of bankruptcy. This power was exercised in 
April, 1800, by passing a general bankrupt law. This law 
was repealed in December, 1803. Since that time, many un¬ 
successful attempts have been made in Congress to carry 
this power into effect. The intent of a bankrupt law is, 
that the estate and effects of an insolvent person may be 
taken from him, by the act of commissioners, or of some 
court, and assigned to persons chosen by the creditors of the 
insolvent, to be by them distributed among the creditors, ac¬ 
cording to the amount of their respective debts; the insol¬ 
vent to be thereupon discharged from all claims on him, if a 
defined portion, in number and value of the creditors, assent 
thereto. Such a measure seems so reasonable, that the refu¬ 
sal of Congress to adopt it, has been much regretted in some 
parts of the United States. The principle of a bankrupt law 
is not objected to, but a majority of Congress have not agreed 
on the details. The omission to exercise this power has led 
some of the states to make insolvent laws. This power may 
be exercised by the states, in a modified manner. (See note, 
on this subject, at the end of the volume.) 

200. Patents. Congress have the power, and have exer¬ 
cised it, of securing to the authors of new and useful inven¬ 
tions and discoveries, and of improvements on those which are 
known, an exclusive right of making, using and selling, &c. 
for the term of fourteen years. This object is effected by 
petitioning for a patent, and sending with the petition a 
description of the invention, discovery or improvement. The 
application is submitted to the attorney general of the United 
States; and, if he finds no objection, a natent is issued by the 


80 


POLITICAL CLASS BOOK. 


president, under the seal of the United States. A patent is 
a writing on parchment, setting fortli the patentee’s right and 
exclusive privilege. Patent was originally used to distin¬ 
guish an open letter from a closed or sealed one ; but by 
usage it has become a substantive, instead of an adjective. 
Every inventor is required to swear, or affirm, before he can 
receive a patent, that he is the true inventor, or discoverer, 
of the art, machine, or improvement, for which he solicits a pat¬ 
ent. A patent, unless it be for a frivolous, or obviously useless 
object, is always granted when applied for; the patentee takes 
it for what it is worth, and must maintain his right under it, 
against all persons who choose to dispute with him as to the 
originality, or other fitness of the object patented to have 
been so exclusively secured to him. When suits arise on 
patent rights, they are tried in the courts of the United States, 
although the parties are citizens of the same state. 

201. Congress have also the power, and have exercised it, 
of securing to the authors of books, maps, &,c., an exclusive 
right to print and sell them during fourteen years ; and, un- 1 
d^r certain circumstances, for a further and like term next 
following the end of the first. This right is secured by filing 
the title page of the book with the clerk of the District Court, 
who makes a record, and gives a copy of it, which the ap¬ 
plicant is required to publish in a newspaper. This may be 
done by the author, or proprietor of the work ; who is also 
required, within six months from the publishing thereof, to 
cause a copy of the same to be delivered to the secretary of 
state of the United States, to be preserved in his office. In¬ 
fringement of this right may be the subject of suit in the United 
States’ courts. Patents and copy-rights may be assigned and 
transferred to others; and the assignees have all the rights 
which the original parties had. The number of patents issued 
in thirteen years next preceding 1829, was 3289. Patent rights 
are sometimes called monopolies , but improperly so. There 
cannot be a monopoly in this country, though it is not uncom¬ 
mon in Europe. This means an exclusive right of selling 
something, in virtue of a public grant, and is derived from 
two Greek words, which signify only and seller. 

202. Public Debt. Congress have power, and have fre¬ 
quently exercised it, of borrowing money, and making the 
United States debtor therefor. This is done by an act of 
Congress, which authorizes the secretary of the treasury (or 
any other person, as the act may express) to borrow money, 
and issue certificates for the sums borrowed. The act ex- 





POLITICAL CLASS BOOK. 


81 


presses the whole sum to be borrowed, the amount of inter 
est to be paid, and the time when the principal is to be paid 
Books of subscription are opened in the principal cities, and 
any person, who chooses to lend, subscribes. Each lender 
receives a certificate that he is a creditor of the United States 
for the sum by him loaned, which certificate conforms to the 
act authorizing the loan. Of these certificates a registry is 
made at some one of the branch banks of the United States, 
as the practice now is; formerly there were loan-offices. 
Any person, who is the owner of a certificate, can sell it ; and 
in such case, he assigns his certificate to the purchaser. 
That certificate is produced at the bank (the place of its reg¬ 
istry), and a new certificate is issued to the purchaser. Such 
transfers are made whenever, and as often as, the owner 
chooses to transfer, and without any expense to the owner. 
The interest is paid quarterly at the bank, to the person there 
registered as owner. This public debt is known by the gen¬ 
eral name of stocks. It always has a market value, some¬ 
times above, and sometimes below, the nominal value. It is 
a subject of speculation, as anything else may be, which is 
bought to be sold on the expectation of profit. Most of the 
nations of Europe have such stocks. Speculations are car¬ 
ried on in them to a surprising amount. Fortunes are won 
and lost in a day. Political circumstances alfect their value 
so sensitively, that the rise and fall of stocks in the market, 
is the measure of hope and fear, as to political changes, just 
as the thermometer measures the state of the atmosphere. 
The present public debt of the United States is less than five 
cents to each inhabitant of the United States; while the 
public debt of Great Britain, at present, is something more 
than twenty-five cents to each inhabitant of the whole world. 

203. Post-Office. This public convenience is exclusively 
under the direction of the government of the United States. 
It is established and regulated by law. The word post is 
said to be thus derived : Horses were placed ( positi , in Latin) 
at certain stations on the road, for the use of the messengers 
(courriers, meaning runners in French) employed to carry 
letters. These messengers acquired the name of posts y from 
their connexion with the horses positi , or placed, for their 
use. The place of depositing and delivering letters acquired 
the name of post-office. The word office , now in common 
use, is from officina, which signifies a place in which work 
is done. That which a post carries (whether in a carriage 
or otherwise) is now called the mail; which is derived from 


82 


POLITICAL CLASS BOOK. 


the French word mallier, which means a pack-horse ; or from 
7 nalle, which means a trunk or box. The postmaster-general, 
who is resident at the seat of government, contracts for the 
carrying of the mails throughout the United States, and ap¬ 
points the postmasters everywhere as his deputies. Every 
letter, paper, pamphlet, &c., is charged at a rate established 
by law, according to weight and distance. The postage is 
paid either at the place of deposit or delivery. The post¬ 
master-general has a fixed salary. The compensation of dep¬ 
uties is a certain sum on the amount received by them for 
postage. Civil officers at the seat of government, and mem¬ 
bers of Congress, while in session, and for sixty days before 
and after, receive letters free of postage, and may free the 
letters they send from postage, by “franking” them, which 
is done by writing their own names and office on the outside. 
The revenue derived from the postage of letters, has generally 
been equal to maintaining the post-office establishment. In the 
year 1828, the number of post-offices was 7530 ; amount of 
postage received, $1,659,915; amount paid to postmasters, 
$548,049; mail carried over 1,086,313 miles. Since 1828, 
the number of post-offices has increased, it is said, to 8000 ; 
and the number of miles over which the mail is carried is 
annually increasing.* 

204. Regulation of Commerce. This power is vested in 
Congress. It embraces a wide field. Great difference of 
opinion has arisen, in and out of Congress, as to the extent 
and objects of this power. There were, undoubtedly, two 
great objects in view ; the one, that the intercourse of the 
citizens with foreign nations, from all ports of the United 
States, should proceed under rules common to all; the other, 
to raise a revenue from commerce, by rules applicable to all. { 
To go further in this notice, would be to enter into the dis - 1 
cussion, which involves great principles, and the application 
of them, on which subject there is great difference of opin¬ 
ion in the United States. 

205. Weights and Measures. The power of regulating 
these belongs to Congress. This power is necessarily vested 
in that body, because the revenue from commerce is connect- 

* The progress of this country is best shown by taking insulated facts, at dis¬ 
tant points of time. It is within the recollection of persons now living, that 
the mail was sent, between Boston and New York, only once a fortnight. The 
same carrier came all the way on horseback, and brought the letters m saddle¬ 
bags. At this time (1830), less than forty-eight hours are sufficient, and, dur¬ 
ing two thirds of the year, less than twenty-four hours are sufficient, for com¬ 
munication between the two cities, as well for travellers as for letters. 





POLITICAL CLASS BOOK. 


83 


ed with weighing and measuring most of the imported arti¬ 
cles. Weights and measures affect all citizens of the United 
States in their dealings; and there ought to be a common 
standard throughout the country. Some very able reports 
have been made on this subject, but Congress has not exer¬ 
cised its power in this respect. 


CHAPTER XVII. 

Revenue and Expenditure of the United States. 

206. It is obvious that, to do its duty, Congress must have 
the command of money. Wherefore the power is given to 
Congress to raise money by taxes, imposts, duties and ex¬ 
cises. Since the adoption of the national government, Con¬ 
gress have caused the treasury to be supplied, two or three 
times, by direct tax on landed property, throughout the 
United States ; and by laying a tax on spirits distilled in the 
United States, and on pleasure carriages. 

207. The income derived from the post-office, the sale of 
public lands, and from the duty laid on importations of for¬ 
eign merchandise, has been found fully sufficient to pay all 
the charges incurred on account of the nation, in time of 
peace, and to diminish rapidly the public Hebt, incurred in 
time of war. 

208. The duty on importations is thus laid and collected :— 
All ships and vessels that belong to citizens of the United 
States, are named, measured as to tonnage, and registered or 
enrolled in the custom-houses established in the seaports. 
These vessels always carry with them papers, signed by the 
proper officers of the United States, showing what they are, 
to what port they belong, and whose property they are. 
When they depart from a port, they must have a certificate 
of clearance from the custom-house ; when they return to any 
port of the United States, the master, if he comes from a for¬ 
eign port, makes an exact statement in writing, and on oath . 
of all the property laden on board his vessel. This loading, 
or cargo, is liable to pay a certain sum of money fixed by law 
of Congress. Every article which can be imported, is men¬ 
tioned in the law ; and the sum also with which it is charge¬ 
able (unless exempted, as some few articles are) is fixed by 
the same law. The captain’s statement is called a manifest, 



84 


POLITICAL CLASS BOOK. 


from the Latin manifesto, to make plain or clear. It con¬ 
tains the names of persons that send the goods, who are called 
consignors , and the names of persons to whom sent, who are 
called consignees. Consignees appear at the custom-house, 
and claim such of the goods mentioned in the manifest, as 
belong to them ; make a list of them, and swear to the truth 
of its conformity to the manifest, and to the loading of the 
vessel, which act is called an entry. The amount of duties 
thereon being ascertained, the consignees give bond therefor, 
with sureties, to the United States, payable some months af- . 
terwards. These debts are to be paid in preference to all 
other debts, in case the debtors on these bonds become insol¬ 
vent ; and no one, who has become insolvent, can assign his 
property to creditors, to the exclusion of the claims of the 
government on these bonds. The laws of the United States, 
which regulate the payment of duties, are called tariff laws. 
Tariff is of uncertain origin ; it is said to have meant the 
booh of rates. When these bonds are given at the custom¬ 
house, the proper officer gives to the consignee a written per¬ 
mit to receive the goods from the vessel, under the inspection 
of an officer, whose duty it is to see that the goods agree with 
the permit. Violations of these provisions subject the ves¬ 
sel and its loading to condemnation, on trial in the courts of 
the United States. The custom-house, as it is called, Where 
this business is done, has in its service many persons who 
hold offices, and j^rform duties required by law. 

209. Attempts are sometimes made to avoid the payment 
of duties by getting goods on shore secretly, which is called 
smuggling. If the attempt is detected, prosecutions ensue ; 
and forfeitures, and penalties by fine, may be inflicted. When 
an oath is required, and perjury is committed, prosecution fol¬ 
lows for this cause. The laws relating to the collection of 
duties necessarily contain a great many provisions. 

210. All moneys raised under the laws of the United 
States, are accounted for and paid into the treasury of the 
United States. No money goes from the treasury but in vir¬ 
tue of a law of Congress. The prominent subjects of expen¬ 
diture are the following :— 

211. (1.) The salaries of all executive officers, from the 
president down to the lowest. 

(2.) The salaries of all judicial officers, and the expenses 
of administering justice. 

(3.) The payment of members of Congress, who receive 
eight dollars a day, and the expenses of going and returning. 




POLITICAL CLASS BOOK. 


85 


computing twenty miles as one day. They decide by law 
how much they are to be paid. 

(4.) The expenses of the army. 

(5.) The expenses of the navy, including ship-building ma¬ 
terials, dock-yards, and payment of all officers and men, and 
naval stores of all sorts. 

(6.) The salaries of all ministers and diplomatic officers 
sent to foreign countries. 

(7.) Expenses incident to the intercourse, treaties and con¬ 
tracts with the Indians. 

(8.) The expenses of printing for the government. 

(9.) The expenses drawn forth by national improvements. 

(10.) The public buildings at Washington and other places. 

(11.) The post-office establishment, which has heretofore 
been able to pay more than it has demanded. 

(12.) Light-houses, revenue-boats, and all charges incident 
to the collection of duties in the custom-house. 

There are many other expenditures, which appear in the 
appropriation bills, as passed at each session of Congress. 

212. The House of Representatives is empowered to im¬ 
peach officers of the United States, who, in such case, are 
tried by the Senate, in the same mode as in the state of Mas¬ 
sachusetts. 

213. Congress has the power to continue its session as long 
as it thinks the public service requires. Every new Congress 
must assemble on the first Monday of December, unless some 
other day be appointed by law ; and it may sit from that day 
till twelve o’clock at night on the third of March, which fin¬ 
ishes the two years. Its authority ends then,, as a new elec¬ 
tion will in the mean time have taken place. 

214. It is a common opinion, that the sittings of Congress 
are unnecessarily longthat day after day is spent in unprof¬ 
itable debate. It is a rare occurrence in the British parlia¬ 
ment, for the members of the House of Commons (more than 
twice as numerous as the United States’ House of Represen¬ 
tatives) to leave their seats until the subject under debate is 
finally disposed of. It is no uncommon thing for a debate in 
Congress to last for days, and weeks. Some of the long 
speeches, which are printed, are said to be delivered to an in¬ 
attentive audience. It must be admitted, however, that in 
popular governments, ample discussion is more necessary than 
in those in which discussion may not have much effect on 
the final result; or, rather, where the result is usually as well 
known before as after the debate. 

8 


86 


POLITICAL CLASS BOOK. 


CHAPTER XVIII. 



The Executive of the United States. 


215. The executive power of the United States is vested 

in a president, who is chosen for four years, commencing on 
the fourth day of March; and in certain executive depart¬ 
ments. 1 

216. The president is chosen by electors , who are in each 
state the same in number as the number of senators and rep¬ 
resentatives. Electors are chosen in each state in such man¬ 
ner as its legislature may direct. 

217. Three modes have been used ; (1.) by the state leg- * 
islatures ; (2.) by having the candidates for the office of elec¬ 
tor borne on one ticket, and voted for throughout the state ; 
(3.) to have one elector chosen in one congressional district; 

or two or three electors in one district; and to have two elec¬ 
tors voted for throughout the state. The practice is different 
in different states, and varies, from time to time, in the same 
state. 

218. The constitution, as amended, as to the choice of 
electors and election of president, now stands thus :—“ The 
electors shall meet in their respective states, and vote by bal¬ 
lot for president and vice president, one of whom, at least, 
shall not be an inhabitant of the same state with themselves. 
They shall name in their ballots the person voted for as pres¬ 
ident, and, in distinct ballots, the person voted for as vice 
president; and they shall make distinct lists of all persons 
voted for as president, and of all persons voted for as vice 
president, and of the number of votes for each ; which lists 
they shall sign and certify, and transmit, sealed, to the seat 
of the government of the United States, directed to the pres¬ 
ident of the Senate. The president of the Senate shall, in 
the presence of the Senate and House of Representatives, 
open all the certificates, and the votes shall then be counted. 
The person having the greatest number of votes for president, 
shall be the president, if such number be a majority of the 
whole number of electors appointed ; and if no person h&ve 
such majority, then, from the persons having the highest num¬ 
bers, not exceeding three, on the list of those voted for as 
president, the House of Representatives shall choose imme¬ 
diately, by ballot, the president. But in choosing the presi¬ 
dent, the votes shall be taken by states, the representation 




POLITICAL CLASS BOOK. 


87 


from each state having one vote. A quorum* for this pur¬ 
pose shall consist of a member, or members, from two thirds 
of the states ; and a majority from all the states shall be ne¬ 
cessary to a choice. And if the House of Representatives 
shall not choose a president, whenever the right of choice 
shall devolve upon them, before the fourth day of March next 
following, then the vice president shall act as president, as 
in the case of the death or other constitutional disability of 
the president. 

“ (2.) The person having the greatest number of votes as 
vice president, shall be the vice president, if such number be 
a majority of the whole number of electors appointed ; and 
if no person have a majority, then, from the two highest num¬ 
bers on the list, the Senate shall choose the vice president. A 
quorum for the purpose shall consist of two thirds of the 
whole number of senators, and a majority of the whole num¬ 
ber shall be necessary to a choice. 

“ (3.) But no person constitutionally ineligible to the office 
of president, shall be eligible to that of vice president of the 
United States.”! 

219. The president’s compensation is fixed by Congress. 
It has always been $25,000 a year. On entering office, he 
takes an oath to perform the duties of president, and that he 
will preserve, protect and defend the constitution of the 
United States. These duties are complicated and various. 
Many of them arise by implication. Those expressed in the 
constitution are, that he shall command the army and the 
navy; and the militia, when called into actual service of the 
United States. He may grant pardons and reprieves, except 
in casds of impeachment. He nominates all officers, civil 
and military, to the Senate, except some inferior ones other¬ 
wise appointed, and the assent of the Senate is necessary to 
• the appointment. The most important of these exceptions is 
the appointment of deputy postmasters, some of whom have 
very lucrative offices. He may make treaties, by the agency 
of persons authorized by him, with all foreign powers ; and, 
if the Senate concur, treaties become the supreme law, and 
binding on all other branches of the government, and on the 
states. * He fills offices when the Senate are not sitting, who 
may dissent when they meet. Such appointments are void 


* Quorum, means this :—The whole body being a certain number, a portion 
•of the whole, being present, may act. Thus, if the whole be 100, 70, quorum, 
that is, of whom, shall have power to do the act required, 
t See Art. 2d, Sec. 1st, clause 3d. 



88 


POLITICAL CLASS BOOK. 

at the end of the next session of Congress, if a nomination be. 
not made to, and confirmed by, the Senate. It is the presi¬ 
dent’s duty to inform Congress, by speech or message, of the 
state of the Union. He receives foreign ambassadors. He 
commissions all officers of the United States. If the two 
branches of Congress disagree as to the time of adjournment, 
he may adjourn them to such time as bethinks proper. Con¬ 
gress vests in him particular powers and duties, from time to 
time, by law. No civil officer, nor member of either branch 
of Congress, nor secretary of any department, nor even the 
president, is Honorable or Excellent, by the constitution. AH 
the titles usually given, are merely by courtesy. 


CHAPTER XIX. 

Heads of Department. 

220. The constitution does not provide expressly for the 
establishment of executive departments; but it recognizes 
such departments, and also that there may be appointments 
to office by “ the heads of departments.” The several de¬ 
partments now existing are established by law. These are, 
(1.) of state ; (2.) of the treasury ; (3.) of the navy ; (4.) of 
war. Others may be established. Officers are appointed in 
each department, by nomination of the president and approval 
by the Senate, who are called secretaries. The performance 
of duty by law required in these departments, is distributed 
among many officers, of whom the secretary is the chief oY 
head. 

221. The president may call on those secretaries for writ¬ 
ten opinions relating to the subjects which are under their 
management, respectively. By the aid of subordinate offi¬ 
cers, and numerous clerks, exact records are kept of the 
transactions of these departments. 

222. The secretaries of the treasury, of the army, and of 
the navy, make an official statement of the affairs of their de¬ 
partments, which is laid before Congress, at the first session. 
The statement contains an account of the acts done, and 
such as, in the opinion of these officers, should be done. 
Affairs relating to the Indians belong to the department of 
the secretary at war. The secretaries are frequently requir¬ 
ed by the House, and by the Senate, to furnish information 



POLITICAL CLASS BOOK. 


89 


from the records and documents kept in their offices. The 
secretaries are usually called “ heads of departments.” Tffiere 
is a board of commissioners for the navy, a recent establish¬ 
ment by law. 

223. A law officer resides at the seat of government, who 
is called the “ attorney general of the United States.” ’ His 
duties are to attend, in the Supreme Court, to all cases in 
which the United States is a party, or interested ; to give le¬ 
gal opinions on the construction of the laws; to examine all 
claims for the issuing of patents for inventions, and to allow 
patents, if in his opinion the claim is well founded. Other 
duties, express and implied, are performed by him; and 
special duties may be required, by law of Congress. lie is 
not restricted from engaging as counsel in causes in which 
the United States are not a party, or interested. 

224. The secretary of state is the official organ of commu¬ 
nication with all ministers and agents sent to the United 
States by foreign governments. He corresponds with Amer¬ 
ican ministers and agents resident abroad. His duties bring 
him into intimate connexion with the president, who is 
presumed to know in what manner he performs them. The 
president expresses his official opinions, in all diplomatic in¬ 
tercourse, through this officer. 

225. Diplomacy signifies the communications which are 
made between independent nations, by their respective min¬ 
isters or agents. The Latin word diploma means a charter, 
or writing ; and diplomacy is supposed to be derived from the 
kind of written credential which such agents bear, authenti¬ 
cated by the national seal; which .seal is the admitted evi¬ 
dence of facts certified under its authority. 

226. The secretaries, attorney general, and all officers and 
clerks, are paid fixed salaries, which are provided for in the 
appropriation bill, or law of Congress, passe.d at every ses¬ 
sion. This bill includes all the ordinary expenditures of gov¬ 
ernment, and provides for all payments to be made in behalf 
of the nation, excepting where a special act is proper. 

227. Excepting that the constitution authorizes the presi¬ 
dent to require the written opinion of the heads of depart¬ 
ments, on any subject relating to the duties of their respec¬ 
tive offices, he has no council. He acts on his individual re¬ 
sponsibility. The attorney general is frequently called on 
(though not so provided for in the constitution) for his opin¬ 
ion, by the president. 

228. It is understood that General Washington availed 

8 * 


90 


POLITICAL CLASS BOOK. 

himself of the written opinion of the secretaries and of the 
attorney general: but that he decided for himself, with the 
Jicrht derived from these sources. He construed the constitu¬ 
tion to mean, that the president may obtain information and 
advice as he may see fit; but that he alone is answerable to 
the people for his acts, and their consequences. How far 
the same course has been followed by his successors, is not 
generally known. 

229. The four secretaries, and the attorney general, are 
spoken of as “ the cabinet,” or private council, of the presi¬ 
dent. 

230. The vice president has no official relation to the ex¬ 
ecutive department. He is known only as the presiding offi¬ 
cer in the Senate. 

231. It is the opinion of many intelligent persons, that the 
labors of conducting the government could be more easily 
and correctly performed, by the establishment of a Home De¬ 
partment ; in other words, a further division of executive 
labors. Some duties would be taken from each of the exist¬ 
ing departments, and concentrated in a home department. 
The affairs of this country are become so extensive and com¬ 
plicated, as to make such an amendment of the system almost 
indispensable. Those who think so, are not agreed on the 
mode of doing it. 


CHAPTER XX. 

Judicial Power.. 

232. Every state in the Union constitutes one, or is di¬ 
vided into two, judicial districts of the United States. There 
is, in each, a district judge, nominated by the president, 
and approved by the Senate, and commissioned by the presi¬ 
dent. His powers relate to causes arising under the laws 
made for the collection of duties; to seizures of goods, alleged 
to be forfeited ; to penalties and forfeitures, under the United 
States’ laws ; to certain cases where aliens and foreign con¬ 
suls are parties ; and to certain crimes, of inferior grade, com¬ 
mitted against the laws of the United States, whether on land 
or sea. Trials arising on contracts for seamen’s wages are 
had in the District Court. In some cases, the judge proceeds 
with a jury, and in others without, according to the nature 



POLITICAL CLASS BOOK. 


91 


of the case. In each district, there is a law officer, called 
the “ district attorney.” His duty is to institute suits for the 
United States, and to conduct all prosecutions and trials on 
indictment. There is also in every district a marshal, whose 
duty is similar to that of a sheriff. 

233. The United States are divided into circuits. Two 
or more states comprise a circuit. For example, Maine, 
New Hampshire, Massachusetts and Rhode Island are the 
first circuit. Each of these states is a district. The judge 
of the Supreme Court, residing within this circuit, holds a 
court in each district, called a Circuit Court, together with 
the judge of the district in which the court is held. 

234. The Circuit Court tries causes between citizens of 
different states, between aliens and citizens, and cases in 
which the United States is a party. It receives an appeal in 
some cases from the District Court. This court sits in four 
different capacities :—1st, as a court of common law ; 2d, as 
a court of equity, otherwise called a “ court of chancery,” in 
which there is no trial by jury, but the party complaining 
states his complaint in a bill of equity, and the party com¬ 
plained of makes his defence in a written answer, which is 
among the very few cases, in the administration of justice, 
wherein that which a party says for himself, is evidence ; 3d, 
as a maritime court, that is, a court trying matters relating 
to affairs on the high seas; in time of war, it tries all cases 
of prizes, on appeal from District Courts, and proceeds to 
condemnation of the property captured ; 4th, as a court for 
the punishment of crimes against the Jaws of the United 
States. 

235. It is the court of the highest power known under the 
laws of the United States, in criminal cases* It proceeds 
with a grand jury and petit jury. It has power to try all of¬ 
fences punishable with death ; as murder, in forts, arsenals, 
and places ceded by the states to the United States, for na¬ 
tional uses, and on board ships of war in time of peace, and 
when not within the body of a county, or harbor ; and pira¬ 
cy, which is robbing on the high seas. Piracy includes also, 
by the law of the United States, carrying on the slave trade ; 
which means going to the coast of Africa, and buying the 
natives of that country, and transporting them over sea, to be 
sold as slaves. This provision first appeared in the law of 
this country. In short, all crimes prohibited by the laws of 
the United States, are tried and punished in this court, except 
the inferior ones, which the district judge tries. 


92 


POLITICAL CLASS BOOK. 


236. The proceedings of this court are revised by the Su¬ 
preme Court of the United States, either by appeal or writ of 
error ; or where a case goes up on difference of opinion be¬ 
tween the two judges. 

237. The jurisdiction of this court is not exclusive, in 
some civil causes. An alien has his election to sue in the 
Circuit Court or state court. A citizen may sue an alien, or 
citizen of another state, in either ; such defendants may trans¬ 
fer the case into the Circuit Court. The Circuit Court can¬ 
not, in any case, require a citizen to appear, and submit to 
its jurisdiction, unless he is a citizen of the state in which 
the court is held, or is found in that state when the suit is in¬ 
stituted. 

238. The Supreme Court of the United States is compos¬ 
ed, at present, of seven judges, who are the same judges who 
hold the Circuit Courts before mentioned, and who convene 
at the city of Washington, annually, in the month of January, 
and sit six or eight weeks. This court has original jurisdic¬ 
tion in some few and rare cases, and among them those in 
which a foreign ambassador is party. Its principal employ¬ 
ment is to rejudge cases which come up from the Circuit 
Courts. 

239. When the constitution or laws of the United States 
come in question, in the highest court in a state, and are 
there judged of, a writ of error may be brought, whereby the 
case is transferred to the Supreme Court of the United States, 
and the decision of the state court may be affirmed or re¬ 
versed. This provision is a necessary one, that the constitu¬ 
tion and laws of the Union may be finally judged of in one 
tribunal, and that there may not be discordant judgments in 
the like mattets. When the Supreme Court reverses the 
judgment of a state court, it issues a mandate or command 
to the state court to conform its judgment to that of the Su¬ 
preme Court. But the Supreme Court of the state, it is pre¬ 
sumed, would, on receiving such mandate or command, ex¬ 
amine for itself, whether this high power, had been constitu¬ 
tionally exercised ; since no one court can command anoth¬ 
er, but in virtue of a constitutional authority legally applied. 

240. The cases in the Supreme Court are argued with so¬ 
lemnity and ability. They are usually of great importance 
as to value and principle. They receive the most faithful 
deliberation, and are pronounced upon with eminent dignity 
and learning. They are made public by an annual volume 
of Reports, which are books of high authority. 


POLITICAL CLASS BOOK. 


03 


CHAPTER XXI. 

The Army , Navy , and Militia. 

241. Among all civilized nations, it is an established prin¬ 
ciple, that each nation is sovereign within its own territory. 
The form of government, and the internal policy, are the con¬ 
cern of each nation, and not that of any other. It is only in 
the acts of nations, their citizens or subjects, affecting other 
nations, their citizens or subjects, that nations are considered 
as interested. But this principle does not prevent one na¬ 
tion from attempting, by force, to compel another to do or 
yield something ; much less does it prevent one nation from 
attempting, with or without justifiable cause, to conquer, and 
to extend its empire over, another. 

242. The controversies which thus arise between nations, 
and which are carried on by armed force and violence, and in 
which each strives to inflict on the other all the sufferings 
which are practicable, by destruction of life, and the destruc¬ 
tion or seizure of property, public or private, are called 
wars. 

243. As nations have not agreed on any mode of settling na¬ 
tional quarrels, otherwise than by force, each nation consid¬ 
ers itself to be under the necessity of providing the means of 
vindicating its rights, and of defending itself against all at¬ 
tacks which may be made on it. These means consist in 
having armies and navies, or in having the population of the 
country armed and disciplined as soldiers, or in having all 
these means at the same time. 

244. The practice in our country is, to keep a certain 
number of officers and soldiers (at present about six thousand) 
as an army. They are distributed among all the forts and 
arsenals, and are consequently few in any one place. The 
naval establishment is held to be indispensable, from our ex¬ 
tensive sea-coast; and it is the wise policy of our government 
gradually to strengthen it, by the addition of ships, the estab¬ 
lishment of dock-yards, and the increase of materials, to be 
used as occasions may require. A standing army is not so 
much a favorite with the people of this country as a navy. 
Armies have sometimes been turned to subdue those whom 
they were organized to protect, and thence arises a natural 
jealousy. But a navy is less adapted to aid the views of 


94 


POLITICAL CLASS BOOK. 


usurpation. Neither is it likely, in any probable circumstan 
ces of our country, to be used in subverting our freedom. 

Minors sometimes enlist in the army. A contract for such 
service, like most other contracts made by minors, is void. 

A minor, so enlisted, may be freed by a writ of habeas corpus. 
Anciently, all writs were in the Latin language. This writ 
has its name from the two words above mentioned, which 
were used therein. Any person, illegally deprived of his lib¬ 
erty, may petition to a court, or to a judge, and state his 
cause of complaint. A writ may thereupon be ordered, ad¬ 
dressed to the party complained of, who is therein command¬ 
ed to have the body (in Latin, habeas corpus) of the person 
confined, before the court or judge. This writ being obeyed, 
the court, or judge, inquires into the cause of confinement, 
and grants relief, if it ought to be granted. In the case of 
an enlisted minor, his father, or any friend, may petition in 
his behalf for such writ. If, on inquiry, he is found to be a 
minor, and held against his will, or that of his father, he is 
discharged from his enlistment, by order of the court, or 
judge. 

245. The framers of the constitution appear to have con¬ 
sidered, that the natural and cheap defence of our country is 
to be found in the militia. They have, therefore, provided 
for the existence of such a power, in a manner designed to 
effect the intended purpose, but carefully avoiding the use 
of it for improper purposes. The Convention of 1787 must 
have found the adjustment of the various interests embraced 
in this subject, a delicate and difficult duty. No constitution 
would have been adopted by the people, which placed the 
armed citizens of the country under the military orders of the 
national rulers. On the other hand, the best- use could not 
be made of this power, for the common defence of the coun¬ 
try, if it were not placed, to some extent, under such orders. 
The middle course adopted was, to make partition of the 
power, and to vest a part of it in the national government, 
and to secure a part to the state government. 

246. To the United States belongs the power of organiz¬ 
ing, arming, and disciplining the militia, and of governing 
such part of it as may be called into the national service. 
To the states, respectively, belong the appointment of officers, 
and the training of the militia, according to the discipline 
prescribed by Congress. When not in the actual service of 
the nation, the militia is commanded by the governors of 


POLITICAL CLASS BOOK. 


95 


states, and subordinate officers. Organizing means, the for¬ 
mation into bodies of men, and the denomination and rank 
of officers. Arming means, prescribing the sort of arms 
which are to be used by the infantry, cavalry, artillery, and 
other descriptions of force. Disciplining means the mode in 
which the armed and organized bodies shall be instructed, 
and required to use their arms. It cannot be objected to, in 
principle, that, when the militia are called into actual service, 
they shall be governed by the rules which Congress has pre¬ 
scribed for the government of the troops of the United States. 
It is possible that this power, like all other powers, may be 
misapplied, or abused ; but that it may so be, is not a reason¬ 
able ground of jealousy. 

247. There is a balancing power against usurpation and 
abuse, in reserving to the states the appointment of officers, 
and in the training of the militia under such officers, accord¬ 
ing to state laws, though in conformity to the discipline pre¬ 
scribed by Congress. 

What may be the practical result of the system, in possible 
events, must be left to time to disclose. But hitherto no ex¬ 
perience has shown, that the system itself could have been 
more wisely ordered. 

248. The power reserved to the states is exercised, in 
Massachusetts, by electing the generals of divisions of militia 
(of which there are seven in the state), by concurrent vote 
of the two branches of the legislature. Divisions are com¬ 
posed of two or more brigades. Generals of brigade are 
elected by the written votes of field officers ; that is, colonels, 
lieutenant-colonels, and majors of regiments. Field officers 
are elected by the written votes of the captains, lieutenants 
and ensigns of the companies in each regiment; and the lat¬ 
ter, by written votes of the members of companies. All these 
officers are commissioned by the governor, and sworn to the 
faithful performance of their duty. 

249. Some persons think it would be wiser for us to de¬ 
pend on the standing troops of the United States, or to believe 
and act as though there never could be any call for defence. 
Others think, that those who have property and families, but 
who are incapable of defending, or who can purchase exemp¬ 
tion, and those who can and will defend, should be held to 
some just equalization of the charges and labors of defence. 
Which of such persons are right, well deserves the consider¬ 
ation of those who have the good sense to know what the 
value of their possessions and privileges is; and of those, 


96 


POLITICAL CLASS BOOK. 


also, who are intrusted with the power of providing for the 
common safety. It is true, that the present militia system in 
Massachusetts does not hold that place, in general respect and 
esteem, which naturally belongs to the honor and dignity of 
self-defence, and to the power of maintaining, against any force, 
the highest order of political blessings which human society has 
experienced. 


CHAPTER XXII. 

The Laws of Nations. 

250. It is a common opinion, that the laws of nations can 
be understood only by lawyers, judges and statesmen. This 
may have arisen from the circumstance, that the subject has 
been treated of by eminent men in so extensive and learned 
a manner, that their works are not adapted to common use. 
It is believed that this branch of law can be understood by 
any youth, who can understand the nature and force of moral, 
political, or religious law. 

251. Both natural and revealed law forbid that man should 
destroy the life of man ; and also that any injustice should be 
done between man and man, concerning property, liberty and 
fame. Human law defines the law of nature and of revela¬ 
tion, and annexes the earthly penalty and consequence, and 
establishes tribunals to apply this law to cases as they arise. 
There are commands and prohibitions in natural and revealed 
law, which human tribunals cannot enforce. These laws 
enjoin benevolence, kindness, charity, decency, &c. For 
the breach of these laws, called by writers imperfect obliga¬ 
tions , no action can be brought into courts of justice. If one 
says of another, that he is a liar, that he is avaricious, that he 
is injurious in his dealings, the offended party has no rem¬ 
edy, but that which he can get by calling on the offender to 
take back what he has said ; or by his own conduct and 
character, to show that the assertion is untrue ; or taking 
vengeance into his own hands, and committing a crime by 
personal violence. Among vulgar persons, the result is an 
assault; among those who govern themselves by what they 
call the laws of honor, the result is a duel, in which the one 
party or the other, or both, may be killed. 

252. Nations hold much the same sort of relation to each 
other, which individuals in society hold towards each other, 



POLITICAL CLASS BOOK. 


97 


as to those duties which are not noticed in courts of justice. 
There are no courts for the settlement of national crimes or 
claims. Each nation, whether great or small, powerful or 
weak, is entirely independent of every other ; and when na¬ 
tional quarrels arise, the offended party must get justice as it 
can, or go without it, or have recourse to violence, that is, to 
war. Nations resort to the laws of honor, and may be said 
to fight duels. Most of the wars which have happened, are 
as absurd and wicked as duels between individuals usual¬ 
ly are. 

253. That which the learned writers on national law have 
done, is, to discuss the principles on which national law r rests. 
Those who are most approved, consider national law to be 
the law of nature, applied to the affairs of nations in their 
dealings with each other. Their works consist of opinions, 
enforced and illustrated by thousands of historical events. 
They describe what has been, and what ought to be, among 
nations. But. w hen tw'o or more nations have a quarrel on 
hand, they regard these opinions as little as two angry and 
imbittered individuals regard the precepts of natural and re¬ 
vealed law^. Nations attend, in such cases, to the sense of 
self-respect, to their own interests, and to the consequences 
of war ; individuals have an eye to public opinion and courts 
of justice, if they have no worthier restraint. 

254. The law of nations may be divided, for our present 
purpose, into three kinds :—First, matters of opinion, as 
above stated. 

Secondly, usages, or customs, which have been so long ob¬ 
served, that all civilized nations are considered as bound by 
them : just as honest, well-behaved persons are understood 
to mean to be governed by established rules of conduct, in 
their intercourse with each other. 

The third kind of national law consists of positive con¬ 
tracts, or treaties. 

255. (1.) Matters of opinion. To explain this, let us suj>- 
pose that the states had not been united, or that the Union 
were dissolved, and that New Hampshire had declared war 
against Rhode Island. May New Hampshire send an army 
through Massachusetts ? This question may be divided, and 
subdivided, and argued. An octavo volume might be written 
on it; but it would contain opinions and reasonings only, 
which the interested parties might, or might not, respect. It 
is obvious, that there cannot be any court of justice, in which 

9 


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POLITICAL CLASS BOOK. 


rights, duties or claims, arising in such case, can he settled, 
or inquired into. 

256. (2.) Customary law or usage. On this it may be re¬ 
marked, that, as the true spirit of Christianity has been more 
and more diffused and understood, usage has become more 
and more liberal and humane. Commerce has had a power¬ 
ful effect in disclosing to nations their true interests. Society 
grows better and better, as men become more and more tem¬ 
perate, honest, industrious and intelligent. So nations be¬ 
come more and more improved, as they facilitate intercourse, 
and promote each other’s welfare, in all things consistent 
with their own. 

257. Mutual convenience or utility is the foundation of 
the customary law of nations. One nation may be supposed 
to say to another, I will do so and so, if you will do the like. 
Long-continued usage settles, that the proposition has been 
thus mutually agreed to. 

258. Thus it is the universal practice of each civilized 
nation to send one of its subjects or citizens, in time of peace, 
to reside at the seat of government of other nations. This 
person is sometimes called ambassador. The original mean¬ 
ing of that word is traced in several languages. It is sup¬ 
posed to have meant service, or waiting. An ambassador 
represents the sovereign or country that sends him. He is 
received by the sovereign he goes to, and speaks, and is 
spoken to, as such representative, in all matters of form or 
business. He is privileged from accountability to the sove¬ 
reign to whom he is sent. He is to be respected as his own 
sovereign would be, if he were personally present, instead of 
his representative. 

259. He cannot be made answerable in any court of jus¬ 
tice. If he commit murder, he cannot be punished, but by 
his own sovereign ; and the course is, to send him home, and 
demand that he shall be punished. But if he conspire with 
others to overturn the sovereign he is sent to, it is said that he 
may be treated as a traitor, and punished accordingly ; and 
that his own sovereign might be treated in like manner, if 
he had committed the like offence. On this point all are not 
agreed. 

260. An ambassador is to find out, and send to his gov¬ 
ernment, everything that he can, as to the policy, designs 
and secrets of the sovereign he is sent to, and of the ambas¬ 
sadors of other powers, whom he meets with at the place of 



POLITICAL CLASS BOOK. 


99 


his residence. His letters are confidential and secret, and. 
sometimes written in characters, or marks agreed to be used, 
instead of the alphabet, so that, if discovefed, they may not 
be understood. It may readily be supposed, that, in the gov¬ 
ernments of princes, and where selfishness, intrigue and fa¬ 
voritism manage the secret springs, an ambassador’s letters 
may be very amusing. Such letters rarely come to light, 
though enough of them have appeared to show what they 
are. 

261. An envoy is another sort of diplomatic agent. This 
denomination comes from a French word, signifying to send. 
He is a person sent to represent his sovereign, on some par¬ 
ticular occasion ; for example, to demand satisfaction for a 
wrong done, or to make satisfaction for one ; and to prevent 
the necessity of resorting to force, for the purpose of aveng¬ 
ing an insult or injury. 

262. A plenipotentiary is a person whose title is derived 
from two Latin words, signifying full power. This sort of 
public agent is usually sent to make a treaty at the close of a 
war ; or to prevent a war w T hen one is threatened ; or to ne¬ 
gotiate on some highly important national matter, arising out 
of treaties, or otherwise. 

263. The United States generally send a diplomatic agent 
under the name of minister. His powers and duties depend 
on the instructions that are given to him. Usually his busi¬ 
ness is to reside at the foreign court as the representative of 
the United States ; and to keep his own government inform¬ 
ed of what is going on there. If a case arises requiring it, 
he takes care of the interests of his fellow citizens, in the 
country where he is. He speaks and acts for them, and 
claims redress for their wrongs. To his ordinary power may 
be added special commissions, as when a treaty is to be made. 
Our ministers receive an outfit of $9000, and an annual sala¬ 
ry of $9000. One of the most approved writers on the law 
of nations classes public ministers thus :— 

ls£ Class. Legates of the pope ; nuncios of the pope ; am¬ 
bassadors. 

2 d Class. Envoys ; plenipotentiaries ; internuncios of the 
pope. 

3d Class. Ministers ; ministers resident; ministers charges 
cFaffaires; consuls with diplomatic powers; charges d'af¬ 
faires. 

Many of the American ministers abroad are of the last 
mentioned description : the name is French, and means a 


100 POLITICAL CLASS BOOK. 

person charged with the management of the diplomatic affairs 
of his nation. 

264. (3.) It has long been the practice of civilized nations to 
settle their relations to each other by treaties. A treaty is a 
bargain made between two nations on any matter which con¬ 
cerns them. It may relate to the commercial or other privi¬ 
leges which the subjects or citizens of each may enjoy in the 
other’s country ; or to the settlement of disputed boundaries ; 
or to the manner in which they will conduct themselves to¬ 
wards each other in case either should be engaged in war with 
other powers. Treaties sometimes provide as to what shall be 
done, in case war should break out between the contracting 
parties; sometimes the object is to make reparations for 
wrongs, or to settle the terms on which peace shall be es¬ 
tablished at the conclusion of a war, or to provide for acts to 
be done by one, or each party, at some future time. 

265. When a treaty is to be made, the ministers of each 
party meet, confer and agree. They put their agreement in 
writing. Two exact copies are made ; both are signed by 
both parties, and their seals are affixed to the signatures; one 
of these copies is sent to each of the respective sovereigns, 
who accept and ratify this contract, or reject it. If either 
rejects it, there is no treaty, and the parties remain where 
they were. Crowned heads accept or reject, as they see fit, 
on their sole authority. Whether the president of the United 
States can, or cannot, reject a treaty, without consulting the 
Senate, is no otherwise settled, than that, in one instance, a 
president did so reject. However this may be, the president 
and two thirds of the Senate must concur, in adopting and 
ratifying a treaty. When a treaty is thus constitutionally rat¬ 
ified, it becomes a supreme law of the land. Every state, 
court of justice, and every citizen of the United States, must 
so regard it. 

266. Cons?ds (from the Latin word consulo, to consult) 
were the highest officers in the Roman republic. That 
term is now used to denote commercial agents, who are sent 
to reside in foreign seaports. They carry a certificate of 
their appointment, and must be acknowledged as consuls, by 
the government within whose sovereignty they reside, before 
they can act as such. Their business is to render any assis¬ 
tance which merchants and shipmasters of their own country 
may need. They grant all certificates which are required by 
commercial regulations, or by treaty. They have certain 
powers and duties in relation to seamen of their own country. 


POLITICAL CLASS BOOK. 


101 


They are the proper persons to apply to the minister of their 
own country, residing at the court of the sovereign, when his 
agency is needed. Some consuls are paid by a salary, others 
depend on the fees of office. They may, or may not, be 
merchants themselves. There is this difference between a 
consul and a minister, that the powers of the former may be 
annulled by the sovereign of the country where he is, while 
those of the latter can only be annulled by the authority that 
sent him. When a consul is received, and recognized as 
such, by the government to which he is sent, it issues to him 
an official writing, which is called an exequatur. This comes 
from the Latin word exequatur, meaning, is considered equal. 
In the sense here understood, it means a proposition assented 
to ; and that the government to which a consul is sent, agrees 
to regard him in that character. An exequatur may be an¬ 
nulled by the authority from which it proceeds; and is so, 
when the conduct of this officer requires such a measure. 


CHAPTER XXIII. 

The Law of War. 

267. The part of the law of nations which is most sensibly 
felt by all classes of persons in a community, is that which is 
connected with war. When we consider how essentially war 
affects the products of labor, how costly it is, how many lives 
must be given to it, what inconsolable sorrow may visit inno¬ 
cent hearts, what a monster an army, considered as a moral 
agent, is, and how uncertain the end of a war may be,—those 
who can, and who do not prevent it, assume a deep respon¬ 
sibility. Yet a war may be as much a duty in a nation, as it 
would be in an individual to resist oppression, or contend 
against lawless violence. 

268. War is offensive or defensive. The former arises 
when a nation seeks to recover that which has been unjustly 
taken, or which is unjustly withheld ; or when the honor or 
independence of a nation is assailed. The latter arises when 
a nation defends itself against the unjust demands, and forci¬ 
ble attempts of another, to despoil it of its lawful rights or 
possessions. If wars had been always undertaken from such 
motives only, many pages of history which we peruse on the 
subject of war, would not have been written. 

9 * 



102 


POLITICAL CLASS BOOK. 


269. Anciently, wars were more barbarous and cruel than 
they are in modern days. Every mode of annoyance and de¬ 
struction, which human ingenuity could Invent, was prac¬ 
tised. Every sort of fraud, using poison on weapons, poison¬ 
ing springs and wells, and assassinating chiefs, were common 
modes of°warfare. But now, such acts would be considered 
as crimes. The spirit of modern war is, or is pretended to 
be, that which Tacitus, justly or unjustly, declared the spirit 
of Roman warfare to be :—“ The Roman people sought ven¬ 
geance on their enemies, neither secretly, nor by deception ; 
but openly, and in arms.”* 

270. Ancient warfare consisted of battle in the field, and 
in cities ; and sometimes in small vessels on the sea. The 
conquered, who survived the battle, >vere slaves. Their cap- 
tors might put them to death when they pleased, hold them 
in the hope of ransom, sell them, or exact the severest labor. 
One of the splendid buildings in Rome, which is now visited 
as a monument of Roman grandeur, was erected about sev¬ 
enteen hundred years ago, by the labor of ten thousand cap¬ 
tive Jews.f But now, captives are prisoners of war, and it 
would be odious to kill them in cold blood. They are kept 
with as much humanity as circumstances will permit, and 
exchanged during the war, or given up at the end of it. 

271. The barbarities and cruelties of war were seen in the 
most aggravated character in the besieging of cities. Suf¬ 
ferings and miseries were in such case extended beyond those 
who bore arms ; they reached the young and the old, women 
and infants, and involved the whole in one common ruin. 
But now, cities are seldom besieged ; and if taken, they are 
not demolished, nor plundered ; nor are the captives put to 
death, or enslaved. The wars of the Jews afford many 
shocking examples. 

272. Since the invention of gunpowder, about the middle 
of the fifteenth century, the fate of a war is settled in great 
battles in the field. The battle begins, sometimes with light 
troops sent in advance ; sometimes with artillery, which breaks 
the lines, and opens the way for advantageous use of infantry 

* “Non fraude, neque occultis, sed palam et armatum, populum Romanum 
hostes suos ulcisci,” &c. &c. An. I. § 88. 

t The Coliseum ; of which an ancient writer says, “ As long as the Colise¬ 
um stands, Rome shall stand ; when the Coliseum falls, Rome will fall: and 
when Rome falls, the world will fall.” The Coliseum is said to be so called 
from a colossal statue of Nero, placed therein. Colossus was a name bor¬ 
rowed from the brazen figure of a man, 105 feet high, that stood at the mouth 
of the port at Rhodes. Ships passed between its legs. It was called Colos¬ 
sus ; whence we say, 11 colossal statues,” meaning figures larger than life. 



POLITICAL CLASS BOOK. 


103 


and cavalry : and ends with throwing in powerful bodies of 
reserved troops, who come fresh to the conflict. If one can 
imagine 100,000 men engaged for some hours, in a space of 
three miles square, in the work of destruction, and can also 
' imagine what he would see and hear if he walked over the 
field when the conflict is over, and when one third are dead 
or wounded, he may have some idea of a modern battle. 

‘2/3. War on the ocean is carried on by national ships 
duly commissioned, and which meet singly, or in fleets, with 
the like ships of the enemy. The battle consists in an un* 
, ceasing discharge of heavy guns; and, when near enough, 
in the use of small arms ; and sometimes in running one ship 
against another, and attacking with swords, pistols and pikes, 
and passing the crew into the enemy’s ship, and contending 
for victory hand to hand. This they call boarding the ene¬ 
my. The battle ceases when the flag of the vanquished is 
struck, or hauled down : the ship is then said to be taken. 

274. Besides national ships, there are war ships belonging 
to private citizens, called privateers. Any one or more per¬ 
sons may fit out such vessels, and get a commission from the 
government, and go on the high seas, and capture and bring 
into port any enemy’s vessel, public or private, or any mer¬ 
chant ship, whether it be armed or not. All that they thus 
get is their own, when judicially condemned. 

275. When a prize (which word comes from a French 
word signifying to seize or take) is brought into a port of 
the United States, the captors cause a writing, called a li¬ 
bel, to be filed in the District Court, setting forth the facts of 
the capture, and praying condemnation, which follows of 
course, if the prize appears to be enemy’s property ; and the 
whole is then sold, and the proceeds divided among the captors, 
according to their respective rights. This mode of acquir¬ 
ing property is held, by some persons, to be barbarous. They 
say it is, at best, licensed robbery. Attempts have been 
made to abolish it, as a right of war ; but such a change is 
not likely to take place. 

276. Nations engaged in war, are called belligerents. 
This word is compounded of two Latin words, bellutn , war, 
and gcro, to carry on. Belligerents, as such, have certain 
acknowledged rights, in respect to nations not engaged in the 
war, who are called neutrals, that is, who are on neither side 
of the war. Many embarrassing questions arise out of the 
relation of belligerent and neutral; and frequently the right 


104 


POLITICAL CLASS BOOK. 


of the former is exercised in a vexatious and insulting man¬ 
ner towards the latter. a/ 

277. It is considered that neutrals cannot carry the goods 
of the enemy from port to port without being liable to sei¬ 
zure by the belligerent. It is lawful to capture, and carry into 
port, any neutral vessel, and libel her in a court, and al¬ 
lege that her cargo is enemy’s property, and proceed to try the 
cause. All that can be proved to be enemy’s property is sub¬ 
ject to condemnation. 

278. This liability leads to many ingenious contrivances 
to cover and preserve the property which is carried in neu¬ 
tral vessels. The evidence of ownership is found in the pa¬ 
pers which every vessel must carry, accompanying the prop¬ 
erty, and in the letters found on board. This evidence is sift¬ 
ed and examined, and other evidence may be introduced. 
Thus war extends itself to neutrals, and sometimes occa¬ 
sions great and remediless vexation. If there is any probable 
cause for the capture, however unjust it may be, the neutral 
has no compensation for the wrong, loss and delay. 

279. Another belligerent right is, to blockade the ports of 
an enemy; that is, to station ships of war at the entrance of 
such ports, and to prevent all vessels from coming out or going 
in. In such case, a neutral vessel, attempting to enter or de¬ 
part, is subject to seizure and condemnation. Blockade means 
only blocked up, so that there can be no passing to or from. 
From the operation of this right, many difficult questions 
arise ; as, for example, what is notice to a neutral that a block¬ 
ade exists; how far it extends ; what is a force competent to 
maintain and keep up a lawful blockade ; and many similar 
questions, which are fruitful in disputes. 

280. Another source of difficulty is the question, whether 
a particular trade is lawful or not. Articles useful in prose¬ 
cuting a war cannot be carried by a neutral to an enemy, with¬ 
out liability to forfeiture. Nations have agreed by usage, that 
certain articles are of this description; as to others, it is doubt¬ 
ful whether they are so or not. From this cause capture and 
litigation frequently arise. The word contraband , which 
word is of Italian origin, and is equivalent to prohibited , is 
applied to articles, or goods, which neutrals cannot carry to 
an enemy, without subjecting, not only the goods, but the 
vessel, to condemnation. 

281. Another difficult question sometimes arises ; that is, 
what conduct in a neutral shall be deemed a departure from 


POLITICAL CLASS BOOK. 


105 


neutral character, and subject him to be treated as an enemy, 
and as a party in the war. If one nation is under treaty with 
another, to furnish troops, or ships, or money, to aid in a war, 
performance of this contract is not a violation of neutral duty, 
if a war happens, and performance of the treaty is demanded. 

282. Again ; has a nation, engaged in war, a right to take 
its native subjects, who have become naturalized or adopted, 
in a neutral country, out of vessels belonging to that country 
on the high seas? This right is asserted on the principle 
that, in time of war, every nation may command the services 
of its own subjects. It is denied on the principle that it is a 
natural right to change one’s country; and that such taking of 
the person is an insult to the sovereignty of the adopted coun¬ 
try ; and that, if such taking of the person were justifiable, it 
might lead to abuse in taking those who are sailing under 
their native flag. It is very possible that some of the young 
may live to see this question to be one of great interest, as 
some who have gone before them have done. 

Many more of the like points might be stated : but as it is 
only intended to show how such matters are part of the law 
of nations, we need go no farther in this respect. 

\ 283. Since the practice of making treaties has become 
common, nations have had the good sense to define, in many 
cases, what shall be regarded, between the contracting par¬ 
ties, as belligerent and neutral rights. To relieve from neu¬ 
tral vexation, it has been attempted to establish, generally, 
that “ free ships shall make free goodsthat is, the neutral 
vessel shall not be subject to visitation, search, and capture. 
This attempt has been hitherto unsuccessful. The courts in 
which questions arising on the law of nations are tried, are 
any courts, of any country, when the parties, and the subject 
matter of suit, are properly within their jurisdiction. This 
word ( jurisdiction ) is made out of two Latin words, which 
signify the right and power of judging between the parties, 
and on the matter which is the subject of the suit. No 
court has jurisdiction beyond the territorial limits of the gov¬ 
ernment under whose authority it acts. When a suit is pend¬ 
ing in a court which has jurisdiction, and a judgment of a for¬ 
eign court is offered in evidence, such judgment is not in it¬ 
self conclusive, but may be inquired into, to know whether 
the parties, and the matter of the suit, were properly before 
the court, and whether the judgment is in such form as to 
bind them. There is one sort of judgment, called a sentence , 
which is considered as conclusive, to the extent to which it 


106 


POLITICAL CLASS BOOK. 


expressly goes, in whatever court it is admissible as evidence. 
These are sentences of condemnation, pronounced against 
vessels and cargoes, (or either) as prize, or for some breach 
of the acknowledged laws of war. This is a sentence against 
the thing in controversy, and not against any person. It is a 
principle universally admitted, that in all prosecutions to ob¬ 
tain the condemnation of a thing (usually called a process in 
rem), all persons interested are parties, and bound by the sen¬ 
tence. This principle is supported on sound reason. It has, j 
however, been reluctantly assented to, especially in cases 
whbre the sentence came from courts established in colonies. 
Sentences are pronounced in admiralty courts. Anciently, 
the admiral (the superior officer of the naval force) exer¬ 
cised a judicial authority, civil and criminal, in matters rela¬ 
ting to the sea. This authority has been transferred, long ! 
since, to regular courts, which retain the ancient name. 

284. Anciently, war commenced by sending heralds to 
declare it. In modern times, wars begin by sending troops 
into the enemy’s country, or attacking his ships on the ocean. ] 
But usually a manifesto, that is, a public declaration of the 
causes of the war, appears. In the United States, there can- j 
not be a lawful war, otherwise than in virtue of a law of Con¬ 
gress. In this body the right of declaring war is vested ; so 
that a majority of both branches, and the president, must 
concur, to throw the country into this serious condition. 

From what has been stated, the youthful student may ' 
infer :— 

285. First, that each nation is, as to all other nations, a 
moral agent, or person, bound by the law of nature to act 
justly, and with good faith, towards all. This law is enforced 
and sanctioned by the divine law. 

286. Second, that each nation has the right, and that it is 
each nation’s duty, to preserve its own independence, and to 
secure itself against the injustice and the violence of all 
others. 

287. Third, that nations are bound, by the law of justice 
and mutual convenience, to hold to and maintain all the cus¬ 
tomary laws which the good sense of nations has adopted. 

288. Fourth, that, treaties being contracts of great solem¬ 
nity, and made with peculiar deliberation, they ought to be 
faithfully and truly performed; and the more so, because 
there is no court of justice to appeal to, nor any remedy, but 
the dreadful one of public war. 




POLITICAL CLASS BOOK. 


107 


CHAPTER XXIV. 

Property. 

289. One of the most material purposes for which govern¬ 
ment is instituted, is, to secure the right of acquiring proper¬ 
ty, and of making a reasonable use of it. Property is either 
real or personal. Real property consists of land and buildings. 
Personal property is everything not fixed to, and resting on, 
the land, but which is movable from place to place. Fruit, 
grain, and all growing vegetables, trees, minerals, &c., are 
part of the real estate, until separated and made movable, and 
then they are personal estate. 

299. The most absolute property which can be had in real 
estate, is, the right to the exclusive use of it, with power to 
sell it and to give it away ; and to declare by whom, and in 
what manner, it shall be held, owned and used after the pro¬ 
prietor’s decease. The next degree of such property is, the 
right to hold it and use it during one’s life. The two first 
sorts of property are called freeholds. The word freehold 
often occurs in our laws. For example, freeholders only are 
competent to appraise real estate when set off on execution, 
in satisfaction of debt. The being a freeholder is a qualifi¬ 
cation for being an elector, under some of the state constitu¬ 
tions ; and for being eligible to office, under others of them. 
The next degree is the right to hold and to use real estate 
for one or more years. An estate for any number of years, 
even 1000, is held, in law', to be inferior to an estate for life. 
The low est degree of property is the holding and using real 
estate during the pleasure of the absolute owner. Real es¬ 
tate may be owned by one man absolutely, but may be sub¬ 
jected to some right of the owner of an adjoining or other 
real estate. Of this nature is the right w hich one man has 
to pass over the land of another ; the right to have a drain 
through another man’s land ; the right to have window's over¬ 
looking another’s land ; and many similar rights, which are 
called easements or servitudes. 

291. The absolute owner of real estate may not only part 
with it during his life, but he may direct, by his will, proper¬ 
ly made and proved, who shall have it after he has deceased. 
He may also declare by his will, whether his devisee, or do¬ 
nee, shall have the estate absolutely, or for life, or for years; 


108 POLITICAL CLASS BOOK. 

and may prescribe any conditions on which it shall be owned 
and used. 

292. No man can be absolute and exclusive owner of real 
estate, but (1.) under a continued possession of forty years ; 
or (2.) by showing a writing made by one who had a lawful 
right to make it, called a deed, signed, sealed, acknowledged 
and recorded in the public registry ; or (3.) by showing that 
the estate was lawfully taken in satisfaction of debt; or (4.) 
by showing heirship, by descent from an ancestor ; or (5.) 
by showing a gift under a will. The word factum, in Latin, 
signifies an act done ; a deed means, in law, the most solemn 
act which can be done as evidence of intention to part with 
property. The deed itself is not the alienation of the prop¬ 
erty, for that is effected by the agreement of the parties ; but 
it is the evidence of the act done. 

293. It is a general rule, that personal estate is to be con¬ 
sidered to belong to the possessor of it. But the right of 
property is frequently in one person, and the right of posses¬ 
sion in another ; as when the owner agrees that another shall 
possess and use it. Sometimes personal property is in pos¬ 
session of another, against the will of the owner ; in which 
case the owner has a remedy for the wrong done, in the courts 
of justice. 

294. Everything known by the name of property, and 
one’s time, or labor, or service, may be the subject of a con¬ 
tract. A contract is an agreement between two or more per¬ 
sons, whereby one party becomes bound to another, to pay 
money, or to do, or not to do, some act. Every person who 
has common sense, and who is twenty-one years of age, and 
upwards, and who is not a married woman, may make a con¬ 
tract. This word is derived from con, with, or together, and 
traho, to draw, and signifies, that the contracting parties are 
drawn together by their agreement. 

295. A contract is express or implied. It is express, when 
the parties previously agree on all the particulars of the con- . 
tract; as, if the agreement be, that a certain article shall be 
delivered at a certain time, and so much money paid for it, it 

is an express contract. It is implied, when some acts are 
done which show, that the parties, in natural justice, must 
have intended to contract; as, if one calls a physician, or¬ 
ders goods, or employs one to work, and nothing is said of 
payment, the law is, that the party would not have done so, 
without intending to pay what the property ordered may be 



POLITICAL CLASS BOOK. 


109 


worth, or as much money as the physician or laborer reason¬ 
ably deserves to have. A contract is void, if not made for a 
legal consideration ; that is, if one claims of another perform¬ 
ance of a contract, he must show that the engagement was 
entered into in consideration of his engaging to do, or not to 
do, something. If one man promises to give another a sum 
of money, this is no contract; because the party to whom the 
promise is made, parts with nothing, and does not bind him¬ 
self in any way. In honor and conscience, such promises are 
binding, but not according to law. 

296. Whether a contract was made, or not, is differently 
regarded in a moral view from what it is in a legal view. 
Morally, every man ought to perform a contract, although he 
whj claims the benefit of it has no proof that the contract ex¬ 
ists. A man must prove by other evidence than his own dec¬ 
laration, that a contract was made ; or must prove, otherwise 
than by what he says himself, the facts, from which the law 
infers that a contract was made : he must prove all that is re¬ 
quired otherwise than by his own word, because no man is 
allowed to be a witness or a judge in his own case. 

297. The law does not settle what contracts may be made. 
It only pronounces, that some contracts shall not be made. 
It says that no contract shall be made for any dishonest, im¬ 
moral, or fraudulent purpose ; and all such are void. As to 
contracts which the law permits, it carefully settles what evi¬ 
dence shall be competent to prove them. 

293. When two or more persons enter into a contract, 
there is necessarily a communication by words, either spoken 
or written, whatever the subject of the contract may be. If 
the bargaining relates to real estate, personal estate, or labor, 
the parties speak or write themselves, or by the agency of 
those whom they employ. 

299. But there is an important distinction between a con¬ 
tract, and what shall be legal evidence that a contract has 
been made. If a man promises to pay money for goods, one 
credible witness, who can prove the promise, is sufficient. 
If a man promises to pay the debt of another, or if the prom¬ 
ise is to do some act after a year has elapsed (and in some 
other cases), the evidence must be in writing, and signed by 
the party making the promise. If two persons should con¬ 
tract for the lease of a farm for more than seven years, by 
words, the contract would be morally binding; but to be a 
legal contract, for all purposes, it should be in writing, signed, 
10 


1X0 


POLITICAL CLASS BOOK. 


sealed, acknowledged and recorded. This distinction, as to 
the mode in which contracts must be proved, is founded in 
good sense. If, for example, contracts concerning real es¬ 
tate were left entirely to the memory of witnesses, they may 
be absent or dead when needed to prove them ; or, if present, | 
they may have forgotten, or may state erroneously, though 
honestly, what they believe the facts to have been. But the 
principal object, which the law has in view, in such case, is, j 
to shut out all temptation to fraud and perjury ; and this can 
best be done by making all such contracts void, when not 
proved by proper writings. 

300. As to all contracts other than those whereof the proof 
must be by deed, or writings, for the reason above stated, they 
may be proved by writings, if the contract was reduced to 
writing, or by competent witnesses, who can prove that the 
contract was made, or that the party charged therewith, has 
admitted that it was made. 

301. The partial or total failure of justice often arises from 
the defect of evidence. When a bargain is made, the parties 
think they perfectly understand each other , or they trust 
that each one of them will do what is right; or one party 
may have evidence, which, if uncontradicted, or uncontrolled, 
may show a case sufficient for his purpose, though it does not 
show the real case. 

302. Many important contracts are made, trusting to mem¬ 
ory. The parties exchange no writings, they call no wit¬ 
nesses. When the question arises, what the contract was, or 
whether there was any, or whether it has been rightly per¬ 
formed, or whether it ought to be performed, the parties may 
honestly have very different views ; each one may find it dif¬ 
ficult to prove what he thinks to be the true state of the case. 
From such causes expensive lawsuits arise, more frequently 
than from any other. But controversies also arise from the 
difficulty of foreseeing the consequences of one’s acts ; or 
from the change of circumstances after the contract is made; 
or from the absence or loss of evidence ; or from the substan¬ 
tial embarrassment of not knowing what justice requires, in 
doubful and peculiar cases. 

303. When interested parties disagree, there are different 
modes of settling their difficulties. If they cannot agree be¬ 
tween themselves, they may resort to the judgment of friends, 
or of disinterested arbitrators. The last resort is to the 
courts of justice. The cases are very few, in which a man 



POLITICAL CLASS BOOK. 


Ill 


is permitted to administer justice to himself against another; 
nor are there any, where in doing it he necessarily disturbs 
the public peace. 


CHAPTER XXV. 

Banking , Promissory Notes, Bills of Exchange, Notaries. 

304. Banks are, and are likely to be, an interesting subject 

to the citizens of this and of neighboring states. Banks are 
supposed to derive their name from the kind of seat, or bench, 
on which the Jews sat as money-dealers in the market-places 
of cities in the East. When a Jew failed, or was discredited, 
his bench was broken or destroyed ; from whence is supposed 
to be derived the word bankrupt , now so commonly under¬ 
stood in commercial countries. There are different sorts of 
banks ;—(1.) banks of deposit (from dcpono , to leave, or in¬ 
trust a thing to be kept); (2.) banks of deposit and dis¬ 

count; (3.) banks of deposit, discount and circulation. 

305. A Bank of Deposit is merely a place for the safe keep¬ 
ing of money. If any one man in a town or city should 
make such a place, and it should become a place of general 
deposit, the owner of the deposit might give his creditor an 
order on the banker to pay the bearer of the order. The 
order, being worth the money it expressed, might pass from 
hand to hand as money : thus the necessity of counting and 
carrying from place to place, and the danger of losing, would 
be avoided. This is supposed to have been the sort of public 
bank that first came into use. The oldest bank was at Ven¬ 
ice, about the year 1170, and is said to have been established 
as a place of deposit for those who engaged in the wars for 
the recovery of the Holy Land. 

306. Bank of Deposit and Discount. This comprises the 
sort of bank already described; but, in addition thereto, the 
banker, having the custody of money, discounts, that is, ad¬ 
vances money on written promises given to pay money at 
some time, then future. Thus a holder of a written promise 
to pay money, which will be due after some days or months 
to come, wants the money immediately. A banker takes the 
written promise as his own, and pays the sum mentioned in 
it, taking out of the whole sum the interest thereon from the 
time of advancing the money to the time when the money is 




112 


POLITICAL CLASS BOOK. 


to be paid, according to the written promise. This is called 
discounting. When the money is due, the banker receives 
it, and gives up the written promise to the maker of it, and is 
thus repaid. 

307. Bank of Deposit , Discount and Circulation. This 
is the sort of bank in use in this country. It comprises the 
two first, but adds thereto, that, when a written promise to 
pay money, or, as usually called, a note of hand , or promisso¬ 
ry note, is discounted, the bank does not pay in gold or silver 
coin, but in its own bills; that is, in its own promises to pay 
money on demand. In Massachusetts, the way in which 
banks are enabled so to do, is this :— 

308. An act of the legislature, passed in 1799, prohibited 
all banks, not established by law, under severe penalties. No 
bank can now exist but by public law. When a number of 
persons want a bank, they petition to be incorporated. If 
the legislature see fit, they make a law, enabling the petition¬ 
ers to have a bank, usually for a certain number of years. 
The capital, or sum of money to be paid in, to constitute the 
fund on which the bank is to do business, is mentioned in the 
act; also the number of shares into which this capital is di¬ 
vided. The petitioners and their associates, or owners of 
shares, are enabled by the act to be a corporation, by the name 

of the “ President, Directors and Company of the-Bank.” 

The owners of shares, or stockholders, are empowered to 
meet, and choose directors. The directors choose a presi¬ 
dent from their own number. The president and directors 
choose a cashier and clerks, and get a banking-house. The 
act authorizes this corporation to issue its own promissory 
writings, or bank bills, signed by the president and cashier. 
Supposing every stockholder, or owner of shares, to have 
paid in his proportion of the capital, the bank would have in 
its vaults, in gold and silver, the whole amount of its capital, 
deducting the charges of establishing the bank, of which char¬ 
ges the cost of the banking-house would be part, if the bank 
owned the house in which the business is transacted. The 
bank being thus prepared to do business, notes are discount¬ 
ed ; or, in other words, the bank loans money, and pays, not 
in gold and silver coin, but in its own bank bills, which are 
written promises to pay the bearer thereof, on demand, the 
sum therein expressed. This promise of the bank circulates 
as cash, because the bearer of it can turn it into cash when¬ 
ever he pleases, by carrying it to the bank. A bank may de¬ 
rive from its operations of lending, or discounting, a p^oiit 



POLITICAL CLASS BOOK. 


113 


above or below six per cent, (the lawful rate of interest) on 
its capital. The law allows a bank to issue, in bills, double 
the amount of its capital, and to discount notes to double the 
amount of its capital. If there were but one bank, and it 
used its privileges to its full extent, it would get twelve per 
cent, on its capital, from which are to be deducted the ex¬ 
penses of carrying on the institution. But in practice, owing 
to the great number of banks, and consequent division of 
business, and the speedy return of their bills for cash, and 
the check which banks have on each other, a bank rarely 
has in circulation one half, and some of them not one fourth, 
of the amount of its capital in bills, and rarely has owing 
to it much more than the amount of its capital, and one third 
| of the capital in addition thereto. That which is owed to 
banks is intended to be always, and usually is, owed by trust¬ 
worthy persons. 

309. When a bank issues more bills than it can redeem,— 
which sometimes arises from having taken notes which prove 
to be bad, and sometimes in consequence of mismanage¬ 
ment,—it is said to fail, or be broken. The holders of 
notes are the losers of so much as the bank cannot pay, un¬ 
less the stockholders are able to pay the difference. The 
law makes them personally liable, not exceeding the amount 
of their respective shares, when the loss arises from the offi¬ 
cial mismanagement of the directors. When the act of in¬ 
corporation expires, the holders of shares are liable, person¬ 
ally, for the redemption of all bills issued by the bank, which 
then remain unpaid, in proportion to the stock which they 
respectively hold. 

310. Banks are subject to an annual tax of one per cent, 
on the amount of their capitals, one half of which tax is 
to be paid, within ten days after each semi-annual divi¬ 
dend, into the state treasury. It is said by some persons, 
that such a tax is not a reasonable one, and that, if any tax be 
laid on banks, it should be on the amount of dividends, and 
not on capital. Dividends are the half-yearly division of the 
interest money, among owners of shares, acquired by lending. 
Shares are bought and sold. The owner holds a certificate, 
issued by the corporation, signed by the president and cashier, 
stating that he is proprietor. 

311. Banks take money to keep for any one who requests 

it, without charge for keeping. This is called depositing. 
One who has money in a bank, draws it out as he pleases, 
by writing a short order to the cashier to “ pay-dollars to 

10 * 





U4 


POLITICAL CLASS BOOK. 


-or bearer.” This is called a check. Once a month, 

the bank and the depositer settle an account, and the checks 
are given up. The balance remaining to the depositer, is 
carried to his credit in new account, and is the fund for fu¬ 
ture checks. A depositer adds to this fund during the 
month, as he pleases. 

312. Promissory Notes. These are written promises, 
made by one man to another, to pay to him, or to him or his 
order , a sum of money. If in the latter form, the note is ne¬ 
gotiable, and the person to whom the promise is made (who 
is called the promisee) may order the money to be paid to 
any person, by writing his own name on the back of the note, 
which act is called an indorsement , from a Latin word signi¬ 
fying back. Such indorsement and delivery of the note, is 
an authority to the indorsee (as he is called to whom the note 
is transferred) to write an order (over the indorser’s name) 
to pay the money to himself. The indorsee may transfer the 
note, by writing his name on the back of it, and so become 
an indorser himself. Thus a note may pass through many 
hands. The usual practice is, to write the names merely, on 
the back, and not to write the order thereon ; and when once 
indorsed, a note may go through any number of hands, like 
a bank bill, with or without any further indorsement. The 
engagement of the promiser is, to pay the money to any per¬ 
son who holds the note, when it becomes due. The engage¬ 
ment of each indorser is, that he will pay the note, if pay¬ 
ment be punctually demanded of the promiser, and if the 
indorser be duly notified of non payment. The indorser is 
entitled to such notice, that he may enforce payment from 
the promiser to himself, since he has become liable from the 
promiser’s inability or neglect to pay. 

313. Bills of Exchange. These are like indorsed notes, 
and subject to exactly the same legal rules. A bill of ex¬ 
change is an order drawn by A on B, to pay to C, or his or¬ 
der, a sum of money. C, or the person to whom C indorses, 
must present the bill to B for acceptance. When accepted, 
it is like an indorsed note ; because the promiser of a note, 
and the accepter of a bill, stand in the same relation as to all 
other parties. Bills of exchange are not used between per¬ 
sons who dwell in the same place, as notes are; but the prin¬ 
cipal use of them is, between merchants who dwell in differ¬ 
ent cities. An American merchant, for example, has money 
in the hands of a merchant in Europe. The American draws 
his bill in favor of any one, who wants money in the place 




POLITICAL CLASS BOOK. 


115 


where the American’s money awaits his order ; the purchaser 
of this bill sends it to be presented to the European, to be 
accepted. If not accepted, or if accepted, but not paid, it 
returns to the American, who must pay it; if he does not 
pay, any indorser, who has been duly notified of such non¬ 
payment, is liable to pay. The convenience of the commer¬ 
cial world has made it necessary, that there should be public 
agents, whose certificate of the presentment of bills of ex¬ 
change for acceptance or payment, and of refusal to accept 
or pay, should be legal evidence of such fact, everywhere. 
This certificate is called a protest , the literal meaning of 
which is , for proof. 

314. These agents are found, in all commercial countries, 
under the name of notaries public. They are appointed by 
the government, and sworn, and authorized to use an official 
seal. In some countries, as in France, they exercise a very 
extensive authority. They take memoranda, or notes ( notce , 
in Latin), of contracts, and reduce them to form, and record 
them ; and their certificate of copies, from their own records, 
is legal evidence of the contract. Their name is derived 
from the above-mentioned Latin word. Notaries are em¬ 
powered to receive declarations from masters of vessels and 
their mariners, of accidents, damage and losses, occurring in 
a voyage, and reduce them to writing, and administer an oath 
as to the truth thereof, and make a record of such declara¬ 
tion. This act is called a protest. The act done on the first 
application to a notary, in such case, is called noting a protest; 
when the notary has written out the declaration, and it is pre¬ 
pared for signature and oath, and is so verified, it is called 
extending a protest. In the United States, no act of a no¬ 
tary is legal evidence in court, except in the case of protests 
for non-acceptance of bills of exchange, and for non-payment 
thereof. Protests relating to voyages are sometimes admitted 
as evidence, by consent of parties. When the master, or 
mariners, are called as witnesses, a protest made at their re¬ 
quest may be used to show, that the story therein told, and that 
sworn to by them as witnesses, do not agree. This is noth¬ 
ing but an application of the common rule, that any discor¬ 
dant statement of the same matter, made by a witness, at 
any other time, may be offered to discredit him. In all cases, 
except those before mentioned, as to bills of exchange, a no¬ 
tarial certificate is of no more legal force, in the United 
States, than a certificate made by any other citizen. Yet, 
in many cases, it is expedient to employ notaries, where evi- 


11G 


POLITICAL CLASS BOOK. 


dence is to be preserved, because they are accurate, in gen¬ 
eral, in what they do ; and are stationary, and easily found, 
when wanted as witnesses. 

315. Insurance Companies are corporations established by 
law. A fund is created by stockholders. There are shares, 
officers, and a place of business, just as banks have. The 
ship-owner insures his ship in this manner :—He applies to 
the president of the company, and informs him what ship it 
is, where bound, how laden, and what the moneyed value of 
the whole is. It is then agreed, that for every hundred dol¬ 
lars insured, the ship-owner shall pay one, or more dollars 
to the company; and the company take on themselves to 
pay the ship-owner, the amount insured on the ship and 
lading, if they are lost at sea by storm, fire, piracy, or any 
other disaster, which the company insure against. The 
profit of an insurance company arises thus :—Suppose one 
hundred ships are insured, each one valued (for example) at 
$1000. If the company receive three dollars for every $100 
insured, they would receive $3000, and have the risk of 
$100,000. If one ship is lost, the gain is diminished to 
$2000 ; if two ships are lost, to $1000; if three ships are 
lost, there is no gain ; if four or more ships are lost, the com¬ 
pany must pay out of its capital. The average of losses for 
many years, and the amount of money paid for insurance 
(which money is called the premium , or price of insurance), 
are comparatively such, that, after paying all losses out of the 
premiums, there remains a sum of money to be divided 
among stockholders, which gives them more or less per cent, 
annual gain on the capital; but it may also happen, that the 
losses are so great, as to make it a losing concern. 

310. In like manner, buildings may be insured against 
fire. There may be also a mutual insurance company , which 
is thus formed :—A number of persons agree that their build¬ 
ings shall be valued ; that each one shall pay into the com¬ 
pany’s treasury so many dollars for every hundred of the value. 
This makes a fund. If a building is burnt, it is paid for out 
of the fund. If the fund is expended, and there is more to 
pay, members of the company may be assessed. In practice, 
the whole number of buildings insured is so great, and the 
payment into the treasury so great, in proportion to losses, 
that one may, and commonly does, receive back, at the end 
of seven years, a large part of the sum paid as his contribu¬ 
tion to the treasury fund. 

317. Insurance may be made on the risk or hazard of the 




POLITICAL CLASS BOOK. 


117 


duration ot human life. Any person, who wants an insur¬ 
ance ot this nature, applies to an insurance company, and 
states such circumstances as are proper to be taken into con¬ 
sideration in estimating the risk. The party who wants in¬ 
surance pays to the company a sum agreed on, and the com¬ 
pany engage to pay to the heirs, or other representatives of 
the insured, a far greater sum, if he should happen to die 
within the number of years for which the contract is to run. 
If the insured live through the number of years, the company 
keep the money paid to them, and are discharged from all 
liability to pay. Insurance of this nature is sometimes made 
by persons who have an annual income while they live, but 
which ceases at their death. By such insurance, they may 
secure a sum of money for their families. If the payment of 
a debt is supposed by a creditor to depend on the continu¬ 
ance of the debtor’s life, the creditor may cause insurance to 
be made on the debtor’s life. In all cases where insurance 
is made, the insured must disclose all circumstances which 
ought to come from him, and which are necessary to a fair 
estimate of the risk. Any fraud, in this respect, avoids the 
contract. 


CHAPTER XXVI. 

Persons—their Capacities , and Incapacities. 

318. All persons dwelling in the United States may be 
divided into two classes :—(1.) those who are under , (2.) 
those who are above , twenty-one years of age. 

The first class includes both sexes, and all persons, from 
birth up to full age ; that, is, twenty-one years. In the lan¬ 
guage of the law, all these persons are considered as being 
in the state of infancy. A youth of twenty years, and a child 
of twenty months, are, in law, infants. The first class are 
also known in the law as minors. The word minor , in Latin, 
means smaller; the word natus, born, is implied or under¬ 
stood to be joined with it, when applied to age. These two 
words, so joined, mean younger than a certain age. As used 
in the United States, minor means a person younger than 
tw T ent,y-one ; in some other countries, than twenty-five. 

319. The second class includes all persons above tvyenty- 
one, w'ho are called adults, which term is derived from a Latin 



118 


POLITICAL CLASS BOOK. 


word which means to grow up, and has the meaning of grown 
up. Adults are male or female, single or married. 

320. Infants are under the natural guardianship of parents, 
or under appointed guardians (and then they are called wards), 
or under no guardianship. In Massachusetts, and, it is sup¬ 
posed, in all the other states, a guardian has the same power 
over his ward, that a parent has over his child, and has the 
custody of his person, and may require his residence to be in 
any particular place. Infants have the right to choose their 
guardians after the age of fourteen. A minor cannot make 
a contract, except to become apprentice, or for necessary food 
and clothing ; and for instruction, and necessary medicine ; 
or for something which the law considers necessary, and for 
his benefit. 

321. Minors who contract debts, will be held to pay them, 
if they promise to do so, after they come of age. They may 
be witnesses at the age of ten or twelve years, and even 
younger, if they show, on examination, that they are sensible 
of the obligation of an oath. 

322. They are answerable for crimes, and may be indicted 
and tried. Instances have occurred of trials, and punish¬ 
ments by death, at an early age. In England, a boy was ex¬ 
ecuted, in 1748, for a heinous murder, at the age of ten, on 
the opinion of the twelve judges. At the age of sixteen, a male 
person is considered taxable for his poll; and liable to be en¬ 
rolled in the militia at the age of eighteen. 

323. Minors may own real or personal estate, by inheri¬ 
tance or gift. Their earnings belong to the father, because 
he is liable for their support; but not to their mother, for she 
is not so liable. A minor cannot make a will of real estate, 
but may of personal estate. In Massachusetts, a male infant 
of fourteen may dispose of personal estate by will. Such ap¬ 
pears to be the law in England ; and that a female there may 
make such will at twelve. It does not appear that the same 
rule, as to females, has been admitted here, or that the ques¬ 
tion has arisen. 

324. A minor, whose time is given to him by his father, 
may contract for his own benefit; and though he may sue 
for earnings in the name of a guardian or friend who is of age, 
he is not liable to be sued. If his father is not living, he is 
entitled to his own earnings. 

325. A minor comes of age the first minute of that day on 
which his twenty-first year is completed. Both males and 
females are of age at twenty-one. 




POLITICAL CLASS ROOK. 


119 


326. Males may be bound to apprenticeship till twenty- 
one ; females, till eighteen, or till marriage before eighteen. 
Both sexes may be bound out till fourteen, without their con¬ 
sent ; and after fourteen, by the father, without their consent ; 
if there be no father living, the mother or guardian may bind 
them, with their consent, as apprentices. A minor over four¬ 
teen years of age, who has no father, mother, or guardian, 
may bind himself, with the approbation of the selectmen. 
When minors are improperly treated by their masters, the 
remedy is, to complain to the Court of Common Pleas, who 
may order that the minor be discharged from his apprentice¬ 
ship. 

327. Male adults have all the rights, and are subject to all 
the duties, of citizens; except that, after forty-five years of 
age, they are not liable to military duty, nor to serve on ju¬ 
ries after seventy years. 

323. By marriage, the husband acquires a right, absolute¬ 
ly, to all the personal estate owned by the wife, when the 
marriage took place, and to all that falls to her after mar¬ 
riage. He has the right to use, manage, and dispose of all 
her real estate, while the marriage life continues ; and may 
use the wife’s real estate for his life, if the wife dies first, and 
if there be any children of the marriage ; otherwise not, and 
it goes to her heirs. As a wife is considered as having no 
property in her own right, except as hereafter mentioned, she 
cannot make a will. 

329. A father is the natural guardian of his children, and 
is bound to support and educate them, and is consequently 
entitled to obedience. He has the power to enforce obedi¬ 
ence. If a father’s conduct towards his children should be 
severe and cruel, it may be punished as a public offence. 

330. A wife is held to be subject to the reasonable will of 
the husband. The right of deciding where, and how he will 
live, is vested in him, and the members of his family must 
conform to his will. If a husband does not provide for his 
wife reasonably, and according to his ability, she may provide 
for herself, and may cause him to be made debtor therefor. 
Whether the supplies are such as will bind the husband, is a 
matter which the creditor must look to. 

331. Husbands and wives have no remedy for ill treatment 
between themselves, until conduct becomes criminal. They 
must bear their wrongs as they can, the policy of the law 
leaving them to themselves until one or the other is so ag¬ 
grieved, as to be able to make oath, before a magistrate, of 


320 


POLITICAL CLASS BOOK. 


fear of personal violence, in which case bonds may be requir¬ 
ed from the party complained of, to keep the peace. 

332. They may be separated, on the complaint of either, 
by decree of court, for extreme cruelty, though they continue, 
in such case, to be husband and wife. 

The marriage may be dissolved by a decree of the Su¬ 
preme Judicial Court, on the complaint of either, for causes 
enumerated in the law. 

It is found, in most of those melancholy cases, which are 
heard in court, that the original cause of the misery disclosed, 
was intemperance. 

333. A female, while single, and of full age, may be the 
owner, by inheritance or gift, and by her own act, of any 
property, real or personal. She has the full power, as a man 
of full age has, to make any contract concerning property. 
She may buy, sell, make deeds, make a will, or give away, 
as she pleases. She has no civil rights but those of protec¬ 
tion, nor any duties but those of obedience. Her property, 
but not her poll, or faculty of acquiring, is subject to taxa¬ 
tion. 

334. If a woman under age marries, she is still a minor, 
and can do no act which a minor cannot do; but her hus¬ 
band acquires the absolute ownership of her personal estate, 
whether she was over or under twenty-one, at the time of 
marriage ; and the right to use, manage, and dispose of her 
real estate, in either case. 

335. While she is married, and owner of real estate, her 
husband cannot convey it away, for a time longer than the 
married life ; or, if they have children, for his own life. The 
husband and wife may, by joining in the same deed, convey 
away absolutely her real estate, and the money obtained for 
st becomes his money. She may bar herself of her right of 
dower, by joining in a deed with her husband; but cannot 
do it by a separate, after-made deed. 

336. A husband, dying in the lifetime of his wife, may, by 
will, cut her off from all his estate but a right of dower; that 
is, the right to have for life the use of one third of all the real 
estate which lie owned during the marriage, and whereof she 
has not barred herself by joining with him in a deed. The 
law has provided a mode for assigning to the widow her dow¬ 
er in the husband’s estate, whether she marries again or 
i?ot. 

3*37. On the decease of a person, debts are first to be paid, 
in all cases. If a man dies without leaving a will, or widow [ 


POLITICAL CLASS BOOK. 121 

or children, his heirs at law inherit his estate. If there be a 
widow and children, but no will, the personal estate is divid¬ 
ed into thirds, of which the widow takes one, and the chil¬ 
dren two. If there be a widow only, she takes half the per¬ 
sonal estate, and the heirs at law of the husband take the 
other half. If there be no heirs at law of the husband, the 
widow takes all the personal estate. A widow is entitled to 
dower in all cases, unless provided for, by the will of the hus¬ 
band, to her acceptance. If the deceased left no will, nor kin¬ 
dred capable of inheriting, his estate escheats (from a French 
w r ord meaning to fall, or happen to) to the commonwealth, or 
state. No such right can accrue to the United States. If 
there be a widow, all but her dower, in such case, escheats. 
The right of the state to take, is founded in this By the 
anciefit law, every subject held his estate, in land, in some 
way, Irom hrs sovereign. When the tenant died, leaving no 
one to take his place, ami perform duties to the sovereign, in 
connexion with the esrate, the sovereign took the estate to 
himself, to make a new tenant. The right to take continues, 
though the reason for taking has long since ceased. 

338. The judge of probate is authorized, by law, to make 
an allowance, out of the personal estate, to a widow of an in¬ 
testate, whether her husband died insolvent, or not. This 
allowance depends on circumstances, on which the judge is 
to decide. This is a reasonable and humane provision of 
the law r , as a widow might, otherwise, be utterly destitute, 
in some cases, though with a family to take care of. 

339. If one dies, leaving a will, he is said to die testate ; 
that is, he leaves proof, or testament (testis is a Latin w r ord, • 
meaning witness), of his will; if he dies without leaving % 
will, he dies intestat ^ If the first case, his testament disposes • 
of his estate: in the other, the law orders (1.) payment of 
debts; (2.) the distribution of residue of personal estate, as 
before stated; (3.) assignment of dower; (4.) the real estate, 
and reversion of the widow’s dower, descend in equal shares 

to the children. Reversion means the right to have the land, 
after the estate for life, vested in a widow or other person, 
ends ; that is, the land the® reverts , or returns, to the heir. 

If a child dies in the lifetime of th6 intestate, leaving a child, 
such grand-child takes the share of the intestate’s estate, 
which its parent would have taken, if living. 

349. A female who owns real or personal estate, or both, 
and who is about to be married, may secure to herself a part, 
or all of her property, and put it, with the consent of her in- 
11 


12 


POLITICAL CLASS BOOK. 


tended husband, beyond his control, and beyond the reach 
of his creditors, and hold it, for all purposes of security and 
use, as her own. This is done by a written contract, in 
which the woman is one party, her intended husband another, 
and one or more trustees* the third. The right of property 
is vested in the third party, but for the purpose of paying 
over to the wife all or some of the income, interest and profits. 
When the money comes to her hand, she may do with it as 
she pleases. 

341. The contract which is called a marriage settlement, 
may contain any provisions which the parties see fit to estab¬ 
lish ; and, among others, that the wife may make a will, to 
the same effect as though she were an unmarried woman. 

342. A widow is entitled to be administratrix of a deceased 
husband, and take on herself the settlement of his estate; and 
she may be appointed guardian of her children, if she pleases; 
but it is not usual to appoint a widow to both these offices. 

343. It is one of the most striking ddfeots in our system 
of education, that females are so generally uninstructed in 
the substance and forms of business. Much precious time is 
devoted, in early life, to some accomplishments, which are 
neglected and forgotten amidst the cares of married life. It 
would be far more useful to devote that time to make women 
intelligent, in those affairs which concern them deeply, as 
mothers, widows and guardians, and in the character of ex¬ 
ecutrix and administratrix ; and frequently in other employ¬ 
ments, which require a familiarity with the forms of business. 
In Europe, it is not uncommon for females to have the chief 
management of important business establishments. They 

, are sometimes members of mercantile houses. It is not to be 
desired that employments of this native should be common 
among the American ladies : they can be much better em¬ 
ployed. But, considering the frequent and sudden changes 
in our country, we may, perhaps, be permitted to say, that to 
know well the nature of contracts, and the forms in which 
they should appear, and to be able to keep accounts accu¬ 
rately, and to know the general principles of law by which 
their interests are affected, may.be as useful, as to be able to 
speak Italian or French, to paint flowers and landscapes, or 
converse well on the comparative merits of poets and novel¬ 
ists. Not that accomplishments of this nature are overvalued. 
Everything that tends to enlarge and adorn the female mind, 
is a positive advantage to society ; and no sensible man doubts 
that his own happiness depends on refinement; and that re- 


POLITICAL CLASS BOOK. 


123 


finement depends on the degree of moral, intellectual, and 
polished acquirement to which women attain. Yet, why 
should not fei^alcs be instructed also in their social rights, 
and in the means of preserving what is their own ? and why 
should they be‘deprived of the benefit of knowing that they 
can protect themselves against the barbarism of laws which 
crept into the social system when women were slaves, and 
not, as now happily they are, the friends, companions and 
counsellors of the other sex ? 


CHAPTER XXVII. 

Classification of Persons. 

344. The benefits which arise from disciplining the bodily 
powers, the moral sense, and the intellectual faculties, con¬ 
sist in this—that the human being is thereby enabled to ob¬ 
tain necessaries, and independence, and comfort, and luxu¬ 
ries. These results are got at by devoting one’s self to some 
one of the departments of labor ,*vhich arise in society. These 
departments may be classed, and the Classes subdivided almost 
indefinitely. The subdivisions are more or less numerous, in 
proportion to the density of population, and the state of the 
arts and sciences \Vhich are known, and in use. 

345. The people of any nation' fall under some one of 
these classes. First, those who live by muscular exertion, or 
simple labor, whose time is their fortune, ^nd who may be 
said to sell their time, or to exert their bodily powers, in a 
certain way, for one or more hours, days, months, or years ; 
and who are to be paid therefor an agreed sum, under the 
name of wages. This class part with nothing in the nature 
of property. They receive property, that is 4 , money, or its 
equivalent, for the service which they render to other persons, 
or for the time and labor which they expend on the property 
of others. This class of persons is a large one throughout 
the world ; in proportion, more numerous in the old world 
than in America. It is divisible into other classes, but the 
distinction which includes all, and separates all from all other 
classes, is, that they dispose of time for wages. 

346. The second class are those, who use bodily powers 
by means of mechanical instruments, in changing the mate¬ 
rials which come from the hand of nature, into such forms, 



m 


POLITICAL CLASS BOOK. 


and fitness for use, as the wants of mankind require. These 
materials proceed from the surface, or the bowels of the 
earth; or from its waters; or from animals, which man is 
permitted to subdue or hold in servitude. This class includes 
all who are engaged in the mechanic arts.' It comprises 
many and various classes ; and, taken collectively, calls (gen¬ 
erally speaking) for the exertion of all the faculties, and qual¬ 
ities, and knowledge, and science, which men have, or can 
attain to. 

347. Without intending to go into minute particulars, we 
may find in this department, (1.) The knowledge of material 
substances, their qualities, their adaptation to use ; the modes 
of applying them to use ; the effect of combinations of two or 
more; the changes which art can effect on them ; whence 
and how they originate ; in what quantities ; how obtained ; 
and through what changes they must pass, to be put in a con¬ 
dition for final use, or consumption. 

348. (2.) The application of the abstract rules of art and 
science, in operating on these natural substances, to bring 
about the desired purposes. It is hardly necessary to say, 
that common school attainments are indispensable. To these 
may be added, all the rules*of proportion, or comparative 
measurements, mathematical calculations and estimates ; the 
whole round of natural and practical philosophy, that is, the 
action of matter upon matter, in its thousands of forms ; the 
inventions of human genius ki overcoming the state of rest, 
or power of attraction or gravitation to the earth ; or in giving 
to action the desired force, or in preventing it, controlling it, 
or modifying it, means of the screw, lever, wedge, pulley 
rope, inclined plane, and the endless variety of mechanical 
inventions, in which these original powers are used. To ih 
lustrate these general terms, we may trace one of the manu¬ 
facturing operations, in which the course of labor, the me¬ 
chanical operation, and the use of its product, may be dis¬ 
cerned. 

349. A landholder, dwelling in a suitable climate, raises 
cotton, by the labor of persons to whom he pays wages, or 
whose labor he can command. By a certain course of cul¬ 
ture, the cotton grows, ripens, and is made fit for market. 
The planter sells it to the manufacturer, and receives for it 
money, which will be either more or less than enough to 
cover all the charges and expenses incurred in carrying on 
the plantation ; and enough to live upon, according to his 
style, and to give him a rent or profit, on the cost of his 


POLITICAL CLASS BOOK. 


125 


plantation, implements, machinery, cattle, &c. &c. If he 
receive more than enough for these purposes, he is thriving; 
if less, he is not growing, at least for that season, wealthier, 
perhaps less wealthy ; which may be caused by the dimin¬ 
ished or injured state of the crop, by the fall of prices, by the 
excess of the article above the* demand for it, or by political 
changes. The result, however produced, is, that he takes 
the sum agreed on between him and the manufacturer, 
whether he gain or lose by the bargain. There may be, and 
usually are, many intermediate holders of the article, between 
the planter and such buyer. The manufacturer, by water or 
land, or both, places the cotton in his factory. Its cost to 
him there, is the original and all intervening cost. It is then 
submitted to the changes which the raw material must go 
through ; as picking, cleaning, carding, spinning, weaving, 
bleaching, dyeing, printing or stamping, pressing, &,c. &c., 
until it comes forth from this multifarious process, a beauti¬ 
ful, soft, variegated cloth, which, in Queen Elizabeth’s time, 
would have been deemed a luxury of apparel in her sumptu¬ 
ous court. The manufacturer passes it to the hands of the 
class of persons next after mentioned, for a sum which will 
cover all that he paid out in the original purchase, and all 
that he has afterwards expended, and a rent or profit on the 
whole cost of his manufacturing establishment, comprising all 
labor, and a great variety of materials necessarily used up in 
the process. It then passes, probably, through many hands, 
each one adding something to the cost, until it comes to be a 
garment, the wearer of which pays the whole cost, from the 
moment when the cotton seed was put into the ground, up to 
the time when the garment is put to use, and when all 
charges, by which profit or loss arises, end. It performs its 
service, and then goes into the fragment basket, reserved for 
the paper manufacturer. Here it takes a new start, and be¬ 
comes an original material in a new process, and re-appears 
in a sheet of paper. — 

350. The same theory applies to all processes by which 
the products of nature are converted, by art, labor, and ma¬ 
chinery, into articles for use. It is obvious, that this depart¬ 
ment of industry must be divided into very many. But the 
distinguishing characteristic of this class, is, that it operates 
by the application of bodily power, under that of the mind, 
to modify, by mechanical implements and machinery, mate¬ 
rial substances, for human use, comfort, or luxury. 

351. (3.) The third class is that very numerous one, who 

11 * 


126 


POLITICAL CLASS BOOK. 


deal in the products of nature and of art; who receive these 
products, by purchase, for the purpose of exchanging them 
for money, or other products, at a profit. No change is made 
in these products, while in their possession They buy to 
sell again, either in the place of purchase, or in other, and 
even distant climes and countries. It is this class, who trav¬ 
erse the earth and the ocean. 

They are merchants; which name is derived from the Latin 
mercator , one who buys and sells, or trades. This class is 
divided into many, and includes the retailer of the village, 
who gathers in his place of business all the articles which are 
adapted to supply the wants of his neighborhood. The word 
merchant is used to distinguish those who are engaged in 
commerce with foreign countries, and who deal in wholesale 
quantities; and the word trader , those who retail, or sell in 
small ones. If the articles which are contained in a trader’s 
store, were examined and traced to their origin, one would 
learn, thereby, something of most of the mechanic arts by 
which men gain their bread. Such a store may be a source 
of instruction to a youthful inquirer. He will be surprised to 
find how many human beings have labored on the articles 
within his view. 

352. The merchant who imports a ship-load of teas, silks, 
sugars, or china, from the other side of the globe, sells it in large 
quantities; the purchasers sell in lesser quantities; and thus the 
distribution is made, through successive dealers, until the con¬ 
sumer takes it, who pays, in the price he gives, the original 
cost, and all the intermediate charges and profits. 

353. (4.) The fourth class is that which deals in no prod¬ 
uct of nature, or of the arts, but whose employments indirect¬ 
ly relate to all of them, and to the rules which govern them ; 
and to the sources of political, social, moral, and religious 
order in the community. Their stock, or capital, is not 
money, nor property. It is the fruit of long-continued labor 
and study, which constitutes an intellectual stock or capital. 
This is to be used for the convenience and benefit of the 
community, while it gives to the possessors of it a title to com¬ 
pensation for the service which they render. In this class 
are found teachers of schools, professors in the various 
branches of science ; physicians and surgeons ; those who 
act in the administration of justice, whether on the bench or 
at the bar ; the instructers in piety, morality and religion; and 
those who may assume to be statesmen. 

354. It is apparent, that a community may have a dispro- 




POLITICAL CLASS BOOK. 


127 


portion of some of these classes, compared‘with its whole 
number ; in which case, some may find it difficult to obtain 
full employment. It may happen, too, from changes wholly 
unexpected, that some of the subordinate classes may be par¬ 
tially unemployed. Sometimes political changes, as wars and 
other calamities, affect and distress whole communities; 
sometimes business is, from unforeseen causes, less vigorous; 
but it revives again, or industry seeks and finds for itself new 
channels. A free and intelligent people, dwelling in an ex¬ 
tensive and productive country, will discover and avail them¬ 
selves of the means of prosperity, and adapt themselves to an 
ascertained state of things. 

355. The last, though not the least, class, are the cultiva¬ 
tors of the earth. Those who raise one single article, as cot¬ 
ton, coffee, sugar, rice, are subject to reverses, from acci¬ 
dental causes. Political events, the state of the seasons, and 
the changes in trade, even in distant countries, may affect 
them. But those who live in more temperate latitudes, and 
whose labor produces a variety of necessaries, are not so ma¬ 
terially affected by changes in moneyed prices. This class 
is distinguishable from all others in this, that the number of 
its individuals, however much increased, does not destroy, 
nor materially impair, their relative independence. The same 
union of nature and art, which exhibits, on two hundred 
acres, cattle, grain, vegetables, fruits and homes, will permit 
the same appearances on millions of acres. Each cultivator, 
who is contented with the products of his own soil and labor, 
may be independent of all others of the same class, and of 
most other classes of the community. To be comfortable, 
however, he must be able to convert some of the products of 
his labor into the measure of all things—money—with which 
to satisfy some demands and wants, which are to be no oth¬ 
erwise satisfied. 


\ 

CHAPTER XXVIII. 

Choice of Employments. 

356, When a youth has received a school education, he 
is to devote himself to some one of the divisions of labor- 
Which of them he sljall choose, is of such importance, that 



128 


POLITICAL CLASS BOOK. 


his welfare for life may depend on it. The discretion of pa¬ 
rents and of friends, peculiar circumstances, qualities, facul¬ 
ties and inclinations, must have their influence in directing 
the choice. Such guides., although the best to be had, are 
not infallible. Hence we sometimes see sad disappointments 
in life; and that individuals fail entirely, in a chosen pursuit, 
who might have been respectable, or perhaps eminent, in 
some other. There is no general rule. The nearest that 
one can come to it, is to choose carefully, and to persevere. 
Sometimes a peculiar adaptation appears late in life, and 
should undoubtedly be followed. One of the ablest generals 
of the French revolution was a lawyer till the age of thirty- 
five. One of the most eloquent lawyers of the English bar, 
and who rose to be lord chancellor, was a navy officer till he 
was forty. One of the most renowned admirals of the British 
navy was never on shipboard till he was fifty. Many similar 
cases could be pointed out in our own country. 

357. A farmer’s life is one of labor and of care. It is an 
honorable life ; and, when pursued with diligence and good 
sense, is as little subjected to unfortunate changes as any one 
that can be mentioned. It has greatly improved, in late 
years, by means of agricultural societies. Such institutions 
eminently prove the utility of social communion, and the ben¬ 
efits which arise from comparing opinions, and making the 
fruits of individual experience a common stock. A farmer 
has his hours of quiet and of rest, and can participate with 
the learned in the pleasures and advantages of intellectual 
pursuits. To know how these hours may Be most profitably 
spent, is much to be desired. There is no want of books ; 
but in this, as in other walks of life, it is not well known in 
what estimation, comparatively, books should be held, nor 
which of them should be read in preference to others.* 

358. If the destination be to some one of the mechanical 
divisions of labor, it is not enough to depend on the slow pro¬ 
cess of experience and habit. There are books, in most of 

* It may be pardonable to remark, that, although the dwelling-places of 
New England farm ere are gradually assuming an air of neatness and of com¬ 
fort, one does not, in general, see around them the beautiful ornament of flow¬ 
ering vines, and similar products, which might be cultivated with little care, 
and without expense. The English fann-house is indebted, in no small de¬ 
gree, to such ornaments, for the smile of pleasure which the passenger be¬ 
stows. Everything which tends to make one’s home cheerful and pleasant, 
has something in it of moral fitness and elevating sentiment. Such things 
concern the young, and belong, especially, to the department of femme 
taste. 



POLITICAL CLASS BOOK. 


129 


them, which would essentially aid in a particular branch of 
business, and satisfy an inquiring mind as to the reasons or 
principles of the action to which life is to be devoted. 

359. There is a degree of learning, to which all need to 
attain, in the department of buying and selling, on whatsoever 
scale that business is conducted. In some of its branches, a 
most comprehensive knowledge of facts, past and present, 
and the most enlightened view which can be taken as to 
events expected, may settle the fate, favorably or otherwise, 
of one’s fortunes, for a while, and, p.erhaps, for life. It 
would not come within the limits of this volume to set forth 
what should be a merchant’s attainments, if the ability to do 
it could be pretended to. But it is obvious, that a merchant 
must be informed of the legal nature of contracts; that he 
must be familiar with geographical divisions ; with climates, 
and their products ; with the modes in which value is meas¬ 
ured everywhere ; with real money, and money of account, 
in different countries ; with the habits and wants of different 
nations-. He must know well the relation between principal 
and agent; he must be familiar with maritime transactions ; 
that is, with the law and practice as to carrying by sea. He 
must also be able to discern and calculate the changes and 
chances which are dependent on political events, in his own 
and other countries, and .especially on the vexatious effects 
of frequent legislation in matters which affect trade and com¬ 
merce. The abstruse and difficult science of political econ¬ 
omy may be ranked among those things which merchants 
should know, rather than among those the knowledge of 
which belongs to other departments in society. Provision for 
mercantile education is far short of the demand for it. The 
philosophy of exchanging products throughout the world, is 
one which enters deeply into the welfare of our community. 
Its practical application ought to appear, in legislative halls, 
from those who deal in merchandise, and who are the best 
able to disclose what measures are, and what are not, adapted 
to promote the general prosperity. 

360. Among the'classes who are properly called profes¬ 
sors , or the learned, including all of the fourth class, there is a 
fixed mode of education. In the^e vocations, a youth, prepared 
therefor at school enters a college (that is, he becomes one 
of a collection of persons^, or a university, a seminary in 
which all the arts and faculties are studied. He goes through 
a prescribed course of studies and of lectures, and lays the 


130 


POLITICAL CLASS BOOK. 


foundation whereon to place the professional studies to which 
he may devote himself. During collegiate life, the choice of 
a profession is to be .made. This is a serious call, on the 
youth, and on his friends, to consider his qualities and prefer¬ 
able fitness for one department rather than another. It is 
probable that the same diligence which secures an approach 
to what is respectable in one pursuit, might, in some cases, 
make superiority in another. 

361. There are prescribed rules, which must be*observed, 
to enable one to become-a member of the learned professions. 
They are founded in good sense, and are meant for the com¬ 
mon good. A man ought not to take upon himself the re- i 
sponsible duty of expounding the Scriptures, and of bringing 
home to the human heart, busied and estranged as it some¬ 
times may be, by the cares of the world, an awakening sense 

of moral right and wrong, unless he carries unquestionable 
credentials of his fitness for his vocation. It is not enough 
that he is fit; those who listen should feel assured that he is 
.so. It is wisely and properly required, that there shoul ®be 
an authority somewhere, enabled to grant the necessary cre¬ 
dentials. The schools of divinity, and the learned who pre¬ 
side there, have the authority to grant them. 

362. In the medical department, the same probation is re¬ 
quired. Certainly no one should be trusted with the serious 
responsibility of attempting to arrest the ravages of disease, 
or to insert his professional instruments among the veins, ar¬ 
teries, muscles and nerves of the human frame, who is not 
prepared, by a course of study, observation and experience, 
to make his previous plan with science, and to carry it into 
effect with skill. It is for the-common interest of society, to 
discountenance unfounded pretension, and to call upon and 
confide in those who are certified, by competent judges, to 
be trustworthy and honorable men. 

363. In the administration of justice, there are also pre¬ 
scribed rules, which must be observed, to qualify one to as¬ 
sume the practice of the law. A- course of collegiate study, 
or an equivalent course, and a number of years devoted to the 
science of the law, and collateral studies, are properly held 
to be indispensable. W hen a student is qualified to be re¬ 
ceived into the courts, he takes a solemn oath, prescribed by j 
a law of the commonwealth,'—“ that he will do no falsehood, 
nor consent to the doing of any in court; that he will not, 
wittingly or willingly, pursue or promote any fake, ground- 




POLITICAL CLASS BOOK. 


131 


less or unlawful suit; that he will delay no man, for lucre or 
malice ; that he will conduct himself with all good fidelity, 
as well to the courts as his clients.” 

364. He thus becomes an officer of the*courts, and is re¬ 
corded as such ;- and is liable to be stricken from the record, 
and disqualified to appear as counsel, if he proves to be un¬ 
worthy. All these provisions are of the greatest importance 
to the community ; since it is from this class of men, that the 
judges of constitutional law 4 of the rights of the people, of 
property,.liberty, character and life, are selected. 

365. An eminent citizen, who has been throughout his 
honorable life a faithful guardian of the common welfare, has 
lately established a professorship of law at the University at 
Cambridge. There is also a professorship on another foun¬ 
dation, as a department in the university. The two profes¬ 
sors are united in their labors, and have a numerous school 
of pupils, gathered from most of the states in the Union. 
This professional seminary is conducted in a manner emi¬ 
nently adapted to secure to the community the benefits of 
such an institution. 


CHAPTER XXIX. 

Religion. 

366. The bill of rights, prefixed to our state constitution, 
requires, as one of the means of securing “ the blessings of 
life,” “ the support and maintenance of public Protestant 
teachers of piety,religion and morality ,” but does not require 

• *’ the support of any others. It authorizes taxation of real and 
personal estate for these purposes. What, then, is meant by 
Protestant teachers ? To answer this question fully, would 
require a review of the history of Christianity. As this is a 
subject of importance* it may be useful to give a general apt- 
line, which may assist those who choose to extend their 
• knowledge beyond the limits intended for the present occa¬ 
sion. 

367. Religion is defined to be, “ that worship or homage, 
which is due to God, as Creator and Preserver of the world.” 
It is divided into natural and revealed. The former means 
that sentiment, which mankind hate by the force of reason, 
of the existence of the Deity, and of their relations and du- 




132 


POLITICAL CLASS BOOK. 


ties to him. The latter means the Deity’s revelation of him¬ 
self, of his providence and will, as contained in the Bible. 

368. The Bible, then, is the foundation of Christian faith. 
The word Bible 4s from the Greek word §»§X«ov ( biblion ), 
meaning book, and, as applied to the Bible, means, The Boole, 
or the Boole of Books. 

369. The contents of the Bible, so far as is necessary to 
be noticed on this occasion, are the Pentateuch , or five 
books written by Moses. The\pame is derived from two 
Greek words, meaning five, and volume, or roll. -The an¬ 
cient writings, before printing was known, in the year 1444, 
were on large sheets of paper, or vellum, which were kept in 
rolls. Time is computed, according to the Mosaic account, 
from the beginning of the world, or from that time when the 
earth was fitted for human abode, and man was created, dovvn 
to the time of the Savior, which comprises 4004 years. Thus 
we say, that the deluge happened in the year of the world 
1057; that Moses was born in the year 2433, and died in 
the year 2553, of the world. The usual mode of computing 
is, to count backwards ; that is, to such a year before Christ. 
For example, Moses died in the year 1451 before Christ. 

370. The year of our Lord means the succession of years 
from our Savior’s'time, which does not begin frorff his birth, 
m the year of the world 3999, but begins four years and six 
days afterwards, that is,, in the year of the world 4004. Thus 
the supposed length of time, from the creation to the present, 
is the number of years of the Christian era added to 4004 
>ears. These five books of Moses comprise all history known 
to us, for the first 2500 years. After this time, the people 
whom Moses led, are known as the Jews. At the time of 
iiis death, they took possession of the territory lying east- 
wardly of the Mediterranean Sea, and which is spoken of, in * 
thesQ days, by the name of Palestine, or the Holy Land. 

371. The Jews continued to dwell in this region, from the 
death of Moses, with the most remarkable variety nf fortune, 
lill*the final destruction of Jerusalem’by Titus, son of the 
Roman emperor Vespasian, in the seventieth year of the 
Christian era; since which time they have been scattered 
through all nations, but everywhere preserving their distinc¬ 
tion from all other people, and fully believing that the Messi¬ 
ah is yet to oome, and is to reestablish them in far more 

’'.an their former glory. 

372. From Moses, thdre was a regular succession of in¬ 
spired writers, whose works are contained in the Old Testa- 


POLITICAL CLASS BOOK. 


133 


merit. This continued about one thousand and fifty years, 
beginning with Joshua, and ending with Malachi, near¬ 
ly four hundred years before the commencement of. the 
Christian era. These writings are both historical and pro¬ 
phetic. Their peculiar title to reverence, in the estimation 
of Christians, is, that they show why the Messiah was to be 
expected ; that he would come ; in what manner he would 
come ; the events of his life ; his sufferings and death ;—all 
of which prophecies are known, not only from the New Tes¬ 
tament, but from other history of the same time, to have been 
precisely lulfilled. This agreement between prophecy and 
events long after arising, is among the unanswerable proofs, 
to all reasonable minds, of the truth of the Christian dispen¬ 
sation. 

3/3. Besides the books of inspired historians, there are a 
number of others, usually printed in the large editions of the 
Bible, but which are not considered as sacred or inspired 
writings. 

They are called the Apocrypha. “ They are so denomi¬ 
nated, from a Greek word, which is expressive of the uncer¬ 
tainty, or concealed nature, of their original.” What should, 
or should not, be regarded as part of the Old Testament, ap¬ 
pears to have been decided, necessarily, by the Jews, and not 
by the Christians; that is, the Christians took those books 
to be the Old Testament, which the Jews considered such, 
at and before the time of the destruction of Jerusalem. But 
this does not prevent critical examination, by Christians, into 
the authority of these books. The Old Testament (exclusive 
of the Apocrypha, which Protestant Christians do not con¬ 
sider to be part of the Old. Testament) is understood to have 
been written in Hebrew, except a small part of Daniel and 
Ezra, which was in the Chaldee language. 

374. Of the New Testament, the four Gospels were un¬ 
doubtedly written by the fohjfc apostles whose names they 
bear. It is supposed, by some*’,that all of them were written 
in the Greek language. All the other books of the New 
Testament are supposed to have been written by persons who 
were living at the time our Savior was on earth, and by per¬ 
sons who were known to him, with the exception of St. Paul, 
who is supposed to have been living within that time ; but 
his conversion occurred after the crucifixion, and his writings 
are placed at some time between that event and the destruc¬ 
tion of Jerusalem. The last book in the New Testament is 
commonly supposed to have been written by St. John, soon 
12 


134 


POLITICAL CLASS BOOK. 


after the fall of Jerusalem. It is a circumstance which adds 
much to the evidence of the truth of these books, that they 
were written by persons who were the witnesses of the facts 
which are related. 

375. The translation of the Bible, now in general use 
wherever the English language is spoken, is that which ap¬ 
peared under the patronage of James I. of England. It was 
begun in 1607, and appeared in 1611. It is remarkable that 
a king, who is remembered with as little respect as any one 
who preceded or followed him, should have conferred this 
benefit on the Christian community. 

’ There are several editions of the New Testament in use. 
Two, in particular, are in high esteem among the learned. 
One of them appeared at the close of the last century (1797), 
and is preferred to any other, by some Christians. The 
second appeared about eight years later, and is preferred by 
others. It is said that the latter is the result of thirty years’ 
labor; and that, during this time, one hundred and thirty 
thousand different copies of the Testament were examined 
and compared. No opinion is intended to be expressed on 
their comparative merits, as a comparison can be properly 
made by those only, who are qualified to judge. 

376. The Founder of Christianity assumed no power of a 
civil nature. He taught how human life should be passed ; 
how liberty of thought and action could best be directed ; 
how worldly possessions could best be used. The simple 
and beautiful morality contained in his teaching, was alike 
suited to the splendor of the throne, and the humility of the 
cottage, the thronged city, and the solitary abode. As his 
doctrines reproved and denounced the pomp, luxury and de¬ 
pravities of the age, they called down upon the professors of 
them a general hatred, and punishment by civil power. 
During the three first centuries, Christians were subjected to 
all manner of indignity, to proscription, and frequently to 
cruel death. 

377. In the beginning of the fourth century, the seat of 
the Roman empire was at Constantinople, which is now the 
seat of the Turkish empire. The emperor Constantine, who 
was the founder of this splendid city, took the Christians into 
his keeping ; and was, or pretended to be, a convert to their 
faith. This was the beginning of that union between church 
and state, which has, ever since that time, existed in the 
world, and which has been the cause of no small portion of 
human sufferings. At this time, Christianity had spread 


POLITICxAL CLASS BOOK. 


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over a considerable part of the Roman empire, which com¬ 
prised most of the civilized world. There were societies, 
and churches, and extensive districts of country, over which 
bishops had a spiritual authority. The word bishop is from 
the Greek s-ncfx otfog (episcopos), and is of equivalent meaning 
to overseer. The name of a numerous class of Christians— 
Episcopalians—is of the same origin. 

378. The bishops of Rome gradually assumed a dominion 
over all other bishops and churches, and finally held, exclu¬ 
sively, the name of pope , a word signifying father ; which 
name had been common to all bishops. The pope of Rome 
claimed to be, and was admitted to be, the apostolic succes¬ 
sor of St. Peter, with the right to exercise a very enlarged 
construction of the power confided to that apostle. 

379. Near the end of the fourth century, schisms had 
arisen between the church of Constantinople and that of 
Rome. They ended in a division. The former became the 
Greek, or Eastern church ; the latter' became the Latin, or 
Western church. The countries now known as Greece, and 
Turkey, and western Asia, belonged to the Greek church, 
and it afterwards extended into Russia, where it now pre¬ 
vails. The Western church became that which is now 
known as the Roman Catholic, and extended westwardly, 
from the limits of the Greek church, over all Europe. It 
was about the end of the fifth century, that the Roman church 
asserted its supremacy over all the western dominions. It 
soon became absolute, and so continued to be for about one 
thousand years. During this long lapse of time, there was 
but one faith throughout this extensive region, wherein were 
comprised states, kingdoms and empires. We are informed 
by history, that crowned princes acknowledged that they 
held their- thrones at the will of the pope ; and that his threat 
to excommunicate them from the church, and discharge their 
subjects from allegiance, w’as more terrible than an over¬ 
whelming army. 

380. In 1517, Martin Luther, who had been in one of the 
monastic orders of this church, opposed himself to the papal 
authority, for reasons which are contained in the history of 
that time. He soon found himself strengthened by many 
supporters; and the result of these movements was, that a 
portion of the churches, and their people, and several ruling 
powers in Europe, separated from the church of Rome, and 
followed the doctrines taught by Luther. This event is 
known, in history, by the name of the Reformation. There 


136 


POLITICxVL CLASS BOOK. 


is a numerous class of Christians, at this day, known by the' 
name of Lutherans. 

381. Those who had thus withdrawn from the Roman 
church, being at liberty to judge for themselves, and to form 
any creed, and to follow any modes of worship, soon fell into 
divisions and sects. Difference of opinion in mAters of faith, 
and in mere modes of worship, grew into the bitterest hostil¬ 
ity. One party or the other always had the political power 
on its side ; and thence it followed, that, for about one hun¬ 
dred and fifty years after Martin Luther’s interference, the 
sufferings of Christians, on account of matters of faith and 
worship, were greater than they have ever been, before or 
since, for any other cause. The events involved in the Ref¬ 
ormation, show human nature in a very odious light; but 
they teach this very sober lesson, in the most authorita¬ 
tive manner ;—that religion is one thing, and political power 
another ; that both must exist at the same time ; that, while 
separate and independent, they secure social happiness ; and 
that, whenever they are united, they may destroy it. 

382. In 1541, John Calvin, of Geneva, appeared, who dif¬ 
fered in some respects from Martin Luther, in his religious 
creed. He established another division of Christians. Cal¬ 
vin’s opinions have prevailed, very generally, in the Christian 
churches. There is a numerous class, in Europe and in 
this country, who adhere, with more or less strictness, to his 
views of the Christian system, and are thence called Cal¬ 
vinists. 

• 383. In 1560, James Arminius, of Holland, founded an¬ 

other sect, differing in some essential points from both the 
former. This person was most severely persecuted for his 
opinions. There are at this day a great many societies and 
individuals, who are Arminians, according to the doctrines 
of this teacher. 

384. In 1532, Henry VIII., of England, withdrew from 
the Roman church, and made himself head of the church in 
his own dominions. By this act, the church and state were 
firmly united in the land of our ancestors, and have so con¬ 
tinued to be to the present day. The religious divisions in 
England present a mournful example of tyrannical persecu¬ 
tion in matters of opinion, which are not of human cogni¬ 
zance. Out of them arose the denomination of Puritans, 
many of whom left their native country to escape persecution, 
and settled in this country in 1620. They were the first set¬ 
tlers in New England. The name of Puritans is founded in 


POLITICAL CLASS BOOK. 


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this ; they rejected, with equal abhorrence, the ceremonies of 
the Roman church and those required by the English church. 
They held to a simple form of worship, purified from what 
they considered to be the errors of both those churches. 
Their adversaries gave them the name of Puritans, as a mark 
of derision ; but their descendants have held it to be a name 
of honor. 

38d. This short outline opens the way to explain what is 
intended, in the Massachusetts bill of rights, by Protestant 
teachers. Many German princes, and the delegates of free 
cities in Germany, had asserted the right to manage ecclesi¬ 
astical matters as they might think best in their several 
churches. By ecclesiastical (from ecclesia , the Greek word 
for Church) is meant, things pertaining to faith, doctrines and 
forms of worship. This right had been recognized in a diet 
or convention, held at the city of Spires (near the borders of 
France, and near the west bank of the Rhine) in 1526. In 
1529, the emperor Charles V. assembled a new diet in this 
city, which revoked that liberty, until a general council 
should be held. Against this decree the elector of Saxony, 
and fnany other German princes, protested. The name 
Protestant became common to all who revolted, in Luther’s 
time, and since, from the cjiurch of Rome ; so that Chris¬ 
tians, at this day, may be considered as divided into three 
classes, namely, Christians of the Greek church, Roman Cath¬ 
olics and Protestants. 

386. Since the Reformation, numerous sects have arisen, 
in Europe and America. In every country in Europe, there 
is an established, or state religion. In many of them, other 
sects are tolerated or permitted ; in some, not, as in Spain 
and Italy. In England, there are several sects, differing in 
creed and worship from the established church. They are 
known under the general name of Dissenters. They were 
formerly under many disabilities, in their civil relations. 
These have been gradually relaxed, and mostly removed. 

387. In the United States, there is no established, or re¬ 
quired, form of religion. Every one is at liberty to believe 
and worship as he finds to be right; being, in this respect, 
accountable to no earthly authority. Every denomination is 
governed by such doctrines and discipline, as it may see fit 
to approve of. There are not less than twenty-two different 
denominations of Christians in this country. 

. 388. The citizens of the United States cannot be too 
grateful that religious controversy can derive no aid from 
12 * 


138 


POLITICAL CLASS BOOK. 


civil power among them. While controversy relies on rea¬ 
son and eloquence, whether coming from the lips or the 
press, and on no other means, it threatens no permanent evil. 
On the contrary, it is the more probable, that truth, whatever 
that may be, and wherever it may be, will come forth, and 
prevail. There is another subject of congratulation. in this, 
that, whatever may be the modes of faith, discipline and gov¬ 
ernment, among the sects, they all agree in one thing, that 
is, in the morality taught by the gospel. There can be no 
good ground to fear, that any sect will attempt to exercise 
dominion over others, contrary to the gospel precepts ; nor 
any, that such attempt will be successful, while the means of 
general education are as much respected and promoted as at 
present they are. 

389. That there is no established religion in this country, 
is one of the strongest reasons possible, why religious instruc¬ 
tion should be part of the education of every member of the 
community. All our duties, public and private, have some 
relation to that sense of accountableness, of which a religious 
conscience is the keeper. 

390. If it be of any importance to us, that public agents 
should be faithful in their trust; that justice should be rightly 
administered ; that the members of society should be chari¬ 
table, benevolent and kind neighbors,—the morality of the gos¬ 
pel must be relied on. For, whatever protection the public 
law may place around property, character, liberty and life, it 
can give no assurance, that many of the duties, which secure 
social happiness, shall be observed. He who contemplates 
the commission of a crime, and who believes that he can ef¬ 
fect his purpose unseen and undetected, would not be re¬ 
strained by any law of man’s making. 

391. Such sentiments appear to have had their influence 
with those who framed our constitution. They did not in¬ 
terfere with any man’s conscience. They prescribed to no 
one a form of belief. They knew that human power had 
been, and could be, exercised to make men say and do many 
things, through fear, or the hope of gain ; but they knew, 
also, that no human power can make one believe against his 
own opinion. In subjecting property of unbelievers to taxa¬ 
tion for religious instruction, a benefit is conferred on them. 
If they are not Christians themselves, they are the more se¬ 
cure, and fare the better, if those around them are such. 
Whether the requisitions of the constitution have been rightly 
understood, at all times, by the legislature ; and whether 


POLITICAL CLASS BOOK. 


139 


there are such laws in being, as the people intended by that 
instrument, is not a matter to be discussed on this occasion. 
One thing may be inferred from existing laws, that, if public 
Protestant teaching of piety, religion and morality is kept 
up, it will be so because the people choose to have it so. If 
the people so choose, it will be because the young come into 
life with impressions adapted to that end. Hitherto the value 
of such teaching, in the public estimation, has made the min¬ 
isterial office highly respectable, and eminently useful. It 
has attracted the first talents in our country into its employ¬ 
ment. Whether this will continue to be so, will not, appa¬ 
rently, depend on legislative acts, but on the voluntary libe¬ 
rality of the people, and on their sense of the value of such 
teaching. 

392. There is now no civil and religious union in this 
state, otherwise than that it is the duty of the legislature to 
provide for religious instruction. That this duty should be 
performed, may be shown in many ways, and, among others, 
in this :—Every military and civil officer, legislator, judge, 
lawyer, juror, witness, town officer, and many others, who 
take on themselves special trusts and duties, are required to 
bind themselves by the solemnity of an oath. In all these 
cases, the agents are required to appeal to HIM, from whom 
no secrets are hid ; and to submit themselves to his just judg¬ 
ment, if they do not that , which, in his presence, they under¬ 
take to do. An oath supposes, that he who takes it believes, 
that there is a God, who will, in a future life, reward the 
worthy, and punish the wicked. It is therefore held, by di¬ 
vine and human law, to be a crime of the deepest dye, to 
speak as true that which is false, when under the obligation 
of an oath ; and when those spoken to cannot know what is 
true, otherwise than by believing that the speaker would not 
dare to deceive men, in the presence of that Being who can¬ 
not be deceived. 

393. This legislative duty may be also shown in this :— 
None but those who are duly impressed with religious senti¬ 
ment, respect th« Sabbath. We are taught, among other rea¬ 
sons for respecting that day, especially, these two :— First , 
that it is the proper time to lay aside the cares of the world, 
and to abstain from all unnecessary business ; that it is a time 
set apart for self-examination, for considering the certainty of 
death, and the uncertainty of the hour of its coming, and for 
realizing the awful responsibility which is comprised in the 
single word eternity. Secondly; we are also taught, that the 



HO 


POLITICAL CLASS BOOK. 


Sabbath is to be respected for its beneficial effects in our so¬ 
cial relations. On this day, the garments of labor are laid 
aside, and those of neatness and comeliness are put on. We 
meet in the places of social worship, each one observing the 
decencies which the occasion calls for ; and each one pay¬ 
ing due reverence to age; and each one being careful 
of° his own self-respect, as the best title to respect from 
others. We are further taught, that there is a tranquillity 
and rational pleasure in being, engaged in duties, which the 
wise and the virtuous have agreed to regard and honor, as 
among the first and the highest, which men can perform. 
No one ever yet regretted that his early days had been given 
to these duties ; but many have lamented, in the decline of 
life, that they were not. Attending public worship, in youth, 
is the foundation of a habit, which becomes stronger and 
stronger, as life goes on ; till, at length, one is ill at ease 
with himself, who attempts to disregard it. But there is a 
rational limit in all things. Though the Sabbath is a day of 
rest, and of pious duty, it should be, also, a welcome and a 
grateful day. Surely, to the young , it ought not to be a day 
of severity and privation, and consequently of disgust. 

394. The commands of the constitution, and obedience on 
the part of the legislature, extend to taxing property for reli¬ 
gious purposes ; to the entire protection*of those who engage 
in public worship, from all interruption ; to the closing of all 
places of public resort, for spending time and money, and all 
places of ordinary business, on the Sabbath. How much far¬ 
ther the legislature may go, must depend on public senti¬ 
ment ; for this is a law-making power greater than that of 
the legislature. If there should be still other marks of re¬ 
spect for this day, it must depend on common consent; and 
this must depend on making deep and rational impressions in 
early life. 

395. Parishes ; from the Latin parochia. It is supposed 
that this word was not in use among the Romans ; but that 
parish is derived from two Saxon words, which meant the 
territorial division wherein a priest had the spiritual care. It 
is believed, that all the religious societies in the United 
States may be thus classed :—(1.) Territorial Parishes, In 
the New England states, anciently, every town was a parish, 
or was divided into two or more parishes. Each parish was 
a corporation, in virtue of general statutes, for the purpose of 
maintaining public worship ; and, to this end, all property 
within the limits of each parish was taxable. But, every 



POLITICAL CLASS BOOK. 


141 


citizen residing within the parish limits, and who worshipped 
with some Protestant sect, of a denomination different from 
that established in the parish, might require that the tax as¬ 
sessed on him, should be applied to the support of his own 
teacher ; and this teacher might recover the amount of the tax, 
in an action at law'. As the law now is, every one has the right 
to have his taxes applied to his own teacher’s support, of what¬ 
ever denomination ; and to be exempt from all parish taxes, 
if he has filed the certificate, required by law, that he belongs 
to some religious society other than that of the parish. 

396. (2.) Poll Parishes. These have become very com¬ 
mon. In large towns, there are none others. They consist 
of voluntary associations of individuals, to maintain religious 
worship. They are. of all denominations. When they have 
certain officers, duly chosen, they are considered as having 
corporate powers, and are held to be corporations in law, 
for the purposes of their association. They have their legal 
rights and duties, in virtue of public laws, which apply equal¬ 
ly to all. Such societies usually have a place of public wor¬ 
ship, which is built at joint expense of proprietors. Pews are 
sold, subject to taxation for the support of pastors. The 
property in the building, and Tttnd 1 , and church estate, is in 
the society ; the property in pews is in each pew-owner. 
They make such contracts as they see fit, as a religious soci¬ 
ety, which are considered as legal contracts. 

397. (3.) Incorporated Societies. There are many such 
societies, which are strictly corporations, created by special 
acts of the legislature ; and which have such rights, powers 
and duties, as the incorporating act provides for. Such acts 
are asked for and obtained, in general, for the more conven¬ 
ient management of the property, or common concerns of the 
members. Contracts of such corporations are made in con¬ 
formity to the authority given; and, in this respect, they are 
subject to the law which governs incorporated bodies. It is 
supposed, that, throughout the United States, the formation 
of religious societies is left to the will of the citizens ; that 
each state does, or does not, legislate on this subject, as it 
thinks proper. Whether there are statutes, in this respect, 
in all the states, and what they are, cannot be accurately 
stated without much labor. 



142 


POLITICAL CLASS BOOK. 


CHAPTER XXX. 

Education. 

398. The word education is derived from the Latin e, from, 
or out of, and duco, to lead, or bring forth. It means the 
bringing forth, by discipline, the physical, moral and intel¬ 
lectual qualities of the human being. Education has been 
compared to the action of the sculptor on his block of marble. 
As the qualities of his marble are, as the character of his ac¬ 
tion is, so will be the figure disclosed to the eye. Education 
has been more happily compared to the cultivation of the 
earth. As the soil is by nature, as the melioration of it is by 
labor, as the cultivation of it is by art and science, so will be 
its productions. Soil, originally rude and unprofitable, may 
be made to yield food, and to furnish the means of pleasure 
to the senses, and to become a subject of rational satisfac¬ 
tion. The Creator has allowed to man, and to no other cre¬ 
ated being, a sense of dominion over the earth. This sense 
connects him with time that was, when he was not, and with 
time that will be, when he is not. To minds capable of the 
perception, the beautifully cultivated earth teaches them 

“ To look through nature up to nature’s God.” 

399. There is a striking analogy between education and 
the cultivation of the earth. We may suppose a person to 
have received the highest gifts of nature, and the greatest 
improvements from education ; that such a person would ap¬ 
pear in an erect and dignified form, habituated to strong, 
pleasing and graceful action ; that he would use,—rightly for 
himself, his associates, and the community,—a discriminating 
sense of right and wrong ; that he would secure to himself 
respect, esteem and confidence, by the exercise of intellectual 
power. If such a person were habitually governed by a sense 
of gratitude for the benefit of existence, and of accountable¬ 
ness for the use of talents intrusted to him, there would not 
be any thing to add to his worth. To this standard all men 
cannot attain ; but all men inay make some approaches to¬ 
wards it; and every man is bound to exert himself to this 
end, in proportion to the gifts of nature, and of his opportu¬ 
nities to improve them. 

400. The word physical is taken from a Greek word (of 
nearly the same sound) which means nature. Every object 


POLITICAL CLASS BOOK. 


143 


is physical, which can be perceived by the senses; nothing 
is so called which is spiritual, or pertaining to the mind. 
The physical part of man is known, also, as the material part ; 
which word is said to be derived from matter , and that from 
viater (the Latin for mother ), because matter, from which 
every thing is made, acts, in the formation of bodies, like a 
mother. 

The word moral has many meanings. It is derived from 
the Latin mos, manner ; and the plural of that word, mores, 
furnishes the phrase moral sense, by which we distinguish 
between right and wrong : and from these come virtue and 
vice. That intuitive judgment, which is made, either from 
the natural moral sense, or from the cultivation of that sense, 
or from both, is the act of conscience. 

Intellectual is from intelligo, to understand. Intellect, un¬ 
derstanding and mind, are common names for the same qual¬ 
ity, or power. 

401. All that can be thought and felt, as to one’s self, and 
one’s own ; and as to others, and their own ; and as to 
knowledge, opinion and speculation, is communicated from 
one to another by muscular action and expression ; and is 
perceptible through the senses, and no otherwise. As human 
life is a series of actions, from the cradle to the grave, most 
of which actions are of daily recurrence, all persons acquire 
habits in performing them. To these habits the name of 
manners is given ; and when one’s manners are spoken of, his 
habitual muscular action and expression are intended. Every 
one’s manners are more or less pleasing, or more or less dis¬ 
agreeable, to others. As every one is supposed to have the 
power to form his own manners, and, consequently, to please 
or displease thereby, manners have acquired the name of mi¬ 
nor morals. This implies a moral duty so to conduct, as to 
render one’s manners agreeable to others; and though, by 
common consent, manners are regarded as of much impor¬ 
tance in society, they are not entitled to the name of virtues, 
however excellent they may be ; nor to the name of vices, 
however disagreeable they may be. 

402. Human beings are so bound together, by common 
interest, by sympathy, by propensity to imitate, and by sensi¬ 
bility to common opinion, that no community is so low, as 
not to have some standard of manners. In the societies 
which are called the most refined, the most perfect standard 
is to be sought. Either some societies, which are so de¬ 
nominated, are miscalled, or their standard is, in some re- 


144 


POLITICAL CLASS BOOK. 


spects, irreconcilable with good sense. Fashion is the stan¬ 
dard in that which is said to be “ the best company.” This 
word is derived from words in several languages, of like 
meaning, which signify to make or to form a model to he im¬ 
itated. If this were the practical meaning of fashion , it 
would deserve great respect. But, in truth, its dominion is 
as absurd as it is tyrannical. In some countries, and among 
some persons, it is most implicitly obeyed ; and in our own, 
for a young republic, we have abundant proofs of its power. 

403. The present is not an occasion which calls for a dis¬ 
quisition on this subject; but, for the use of the young, it 
may be permitted to remark on that department of fashion 
which regulates personal decoration. Dress is the outward 
covering of manners. Certainly, it is our duty to ourselves 
and to others, to be dressed in a decent and becoming mode; 
but dress deserves, with rational and well informed persons, 
no greater care. Those, then, who think that life can have 
no higher aim, than the adorning of themselves, externally, 
are the slaves of a worthless vanity. This degrades them 
below the people of the forest. When the chase is over, and 
the war club is laid aside, the men and the women of the 
wigwam may adorn themselves, since their savage life denies 
to them worthier objects for the love of distinction. In soci¬ 
eties which assume to be morally and intellectually refined, 
this misdirected passion secures to those who show it, that 
rank, which such persons choose for themselves. 

404. It is not beneath the dignity of education, to disci¬ 
pline the young, of both sexes, to the attainment of habitual 
action and expression, which will make them easy, and satis¬ 
fied with themselves, and pleasing to others. Mere disci¬ 
pline, to this effect, is the business of those who profess to 
understand and apply it. It may be assumed, that as every 
human being must act, it is worth while to act well; and 
that everything that is worth doing, is worth doing in the 
best way. It is said that every one is sought and esteemed, 
according to his amiable and attractive qualities. 

405. Good manners are said to flow from good principles, 
and worthy motives ; and it is, therefore, objected to habitual 
kindness and complaisance, that they must often be shown 
when no corresponding sentiment is felt. It is true that 
one’s feelings towards others are not of his own choosing ; 
but deportment may be. Nor is there anything false, or un¬ 
worthy in this, unless the intention be to deceive. If every 
one expressed, at all times, just what he felt, society would 


POLITICAL CLASS BOOK. 


145 


be intolerable. The feeling may be unavoidable; but will 
prudence and propriety allow the expression of it ? Those 
blunt, honest persons, who, from principle, “say what they 
think,” find themselves at variance with all around them, and 
are generally in the wrong. The good order and decency of 
society, demand that there should be common rules of con¬ 
duct, and that they should be faithfully observed. These 
rules are known under the common names of courtesy , com¬ 
plaisance and politeness. The observance of them strength¬ 
ens, and even generates, the sentiments which that observ¬ 
ance professes ; and if one has no other principle in deport¬ 
ment than his own interest, he will find that interest to be 
best promoted by conforming himself to these rules. 

406. Persons of true moral and intellectual worth, are 
sometimes embarrassed by a fear of deviating from fashiona¬ 
ble rules. This fear would not, probably, be felt, if such men 
saw the world as it is. It is believed, that in Our own coun¬ 
try, where no birthright distinctions are recognized, good 
manners are to be formed on these simple truths :— 

First. All persons are by nature equal. No one has a 
right to assert any claim to deference and superiority, unless 
from official station : nor can any one release himself from a 
decent and becoming complaisance towards others. 

Second. Official station absolves no one from the like 
complaisance towards those whom he has to deal with, unless 
public opinion, the execution of the laws of the land, or the 
preservation of order, or the exaction of obedience, necessa¬ 
rily prescribe some other rules. Arrogance in official sta¬ 
tion is more intolerable than it is in private life. In the for¬ 
mer, prudence often compels one to submit to it in silence. 
In the latter, one may show that he is disgusted with it, or 
may keep out of its reach. 

Third. Forms, usages and ceremonies are established for 
general convenience and comfort, and are to be respected and 
observed, so far as they are founded in reason ; and even when 
not so founded, if they are innocent, and commonly observed. 

Fourth. Those who know what such forms, usages and 
ceremonies are, forfeit their right to respect and considera¬ 
tion, when they treat those contemptuously, who have not 
been as fortunate as themselves in obtaining knowledge. 

Fifth. Modest self-respect; the power to be respectably 
quiet; the suggestions of common sense, in the existing case: 
and doing as one would be done by,—are safe guides in per¬ 
sonal deportment. If more be required (which can only be 
13 


146 


POLITICAL CLASS BOOK. 


in unessential things), the example of those who are fit to be 
examples, furnishes the only guide. 

Sixth. The morals of Christianity, and the rules of genu¬ 
ine politeness, are the same, with this difference : the former 
are of divine command, the latter are founded in social util¬ 
ity. The exact performance of all duties to one’s self; re¬ 
spect for the rights, feelings, comforts and well-being of 
others ; charity and silence, as to faults, errors and follies, 
when no duty calls for expression,—are among the divine pre¬ 
cepts. The self-respecting, polished citizen governs himself 
by rules, which lead to the same results. 

‘ 407. Philosophers, moralists and politicians think of, and 
treat of mankind collectively ; that is, as though one sensi¬ 
tive, receptive and intellectual power, existed among the whole 
number of persons ; or as though all who make up the unity, 
constituted one being. Politicians, civil and military, must 
so think and act; and when power raises any one so high, 
that he can no longer distinguish the individuals who com¬ 
pose the mass, society falls into two parts, in his view ; all 
but himself make one,— himself , the other. If this person 
take up with him a fine, well-kept moral sense, so much the 
better for both parties. But there is no generalizing as to 
manners. Be distinction or contrast what it may among 
members of society, manners are ever an affair between man 
and man. No one can be so low, or so high, as not to feel 
that he is in the world, and has a place in it. Certainly man 
must look up to man ; and many, sometimes, to one ; but no 
one of the many ever forgets that he is a man, or feels that 
he looks up to that which is more than human. Distinc¬ 
tions, founded in nature or acquirement, are admitted and 
respected, and must be so ; but nature never gave, nor can 
any natural or incidental circumstances give, to any man, the 
right to vaunt himself of his superiority. The doing so, is an t 
unpardonable affront to self-love ; and when it takes the form 
of contempt for others, it is always insufferable. Except those 
acts which public justice notices, and deals with as crimes, 
contempt is that wound which darts the deepest, and heals the 
latest, of any that can strike the human heart. Never did 
this offence come unprovoked, from any heart, that was not, 
in its own nature, ignoble. It is not to be denied, that high 
power, of whatever cast, confers sovereignty on the possessor ; 
but manners and morals are the constitutional principle which 
makes that sovereignty tolerable. Whenever the conscious¬ 
ness of having lost respect and esteem through bad manners, 


POLITICAL CLASS BOOK. 


147 


and bad motives, unite with the feeling of power, that union 
ever did, and ever will, make tyranny. Tyrants are great 
and small, public and private. The acts of small tyrants are 
plotting, pitiful and cruel; those of great ones, ^discriminat¬ 
ing, capricious and terrible. 

408. The Moral Sense. No part of character is more im¬ 
portant than this, whether considered in behalf of the indi¬ 
vidual himself, or in his dealings with others. There is a 
natural sense of right and wrong. It is more or less opera 
tive in every human being. The tendency to worthy conduct 
may be easily diverted, or may be cultivated till it becomes 
firm and strong enough to resist all temptations. The mo¬ 
tives to cultivate this sense rest on these principles :— -first. 
utility to the moral agent, and to those with whom he is social¬ 
ly connected ; secondly , because the strict observance of moral 
rules is conformity to the will of the Creator. As this sub¬ 
ject is treated of in the Appendix, it will be noticed further, 
in this place, for one purpose only. 

409. From the time that the sacred volume was written, 
slander , whether malicious or thoughtless, has been consid¬ 
ered, by all moral teachers, as one of the most reprehensible 
of the vices of society. Social beings have an interest in 
knowing the truth concerning those whom they must trust, 
confide in, or believe. They may pursue any fair and rea¬ 
sonable measure to arrive at that knowledge ; and no one is 
blamable who speaks the truth of others, when the duty of 
doing so arises. It is the publication of truth maliciously, 
and when it answers no useful purpose, that moral teachers 
condemn ; and that which such teachers reprobate is, the 
publication as true, that which is false, and truth so discol¬ 
ored and distorted that it amounts to falsehood. It is (to the 
reproach of human nature) a common pleasure to strip one’s 
associate of every virtue, and to attribute to him vices, errors 
and follies. It is one of the deplorable truths of the day, that 
the press frequently devotes its powerful machinery to this 
malevolent work. In private life, the mischief is done in 
whispers and in secrecy; and even the gratified listener is 
weak enough to suppose, that his entertainer will not make 
him the subject with his next listener. If one who has been 
spoken of in the most reproachful manner, in a back-biting 
company, should unexpectedly come into it, the most promi¬ 
nent of his slanderers would probably be that one who would 
rise to receive him with the most obsequious respect. The 
real evil in all this is, that social intercourse is made to be 


148 POLITICAL CLASS BOOK. 

false and hollow, and utterly unworthy of rational and moral 
beings. 

410. It is believed that the only remedy is, for every one 
to adopt the rule of doing as he would that others should do 
to him. If one is unwilling to confide his character to curi¬ 
ous and misrepresenting gossips, he should not rank himself 
among that tribe. When one is sure that no just judgment 
which can be pronounced, on his manners, moral agency and 
intellectual rank, will depreciate him below his desired seem¬ 
ing to the world, he may venture to ascend to the judgment 
seat, as to others. A sense of justice towards others is but a 
feeble restraint. Justice towards one’s self may be an efficient 
one. If education can so inform the moral sense, as to make 
one feel that he degrades himself when he condescends to 
listen to the slanderous commentaries of others, and that he 
forfeits his own respect when he retails the poison of gossips, 
something might be effected towards a remedy. If no one 
said of another, that which he would not say to him, when no 
duty called for the observance of a different rule, men would 
be nearer to what they pretend to be—honest and fair-dealing 
members of society; and the young would rise into the social 
ranks with far more exalted sentiments of human dignity. 

411. Intellectual Power. Of this, as has been said, we 
can know nothing but from its operations. Some writers 
have defined intellectual qualities in this manner :— Intellect 
is the general term which includes all qualities, and comprises 
acuteness of observation, accuracy of judgment, originality 
of conception. Genius is born with the individual. The 
term is derived from a Greek word which signifies to be born. 
It is a particular bent of the intellect, which distinguishes a 
man from every other individual. Thus poets, painters, 
sculptors, and consummate generals are men of genius. Tal¬ 
ent is a peculiar modification of intellect, or power to accom¬ 
plish some peculiar thing; as a talent for humor, or imita¬ 
tion. Faculty is a permanent quality or specific power di¬ 
rected to some single object. Ability is the power of doing. 
The power to see and hear are faculties. Health, strength 
and fortune are abilities. 

412. Whether these terms are rightly defined or not, they 
are not always understood and used in conformity to these 
definitions. They are too abstract for common use, and do 
not discriminate between natural and acquired power. Ob¬ 
scurity must always rest on this subject, until some means are 
discovered of distinguishing, among the qualities which con- 


POLITICAL CLASS BOOK. 149 

stitute a human being, those of them which nature gave from 
those of them which have been acquired. It is believed, that 
all human beings, who have not natural or accidental defects, 
have the faculty of receiving impressions from external ol> 
jects, and that also of receiving suggestions which come from 
their own organization. This natural faculty is probably va¬ 
ried, in some respects, in each individual, and is differently 
cultivated, through design or accident, in each. Here nature 
and acquirement are soon confounded. 

413. Every one has the power of retaining, and of employ¬ 
ing his mind upon, these impressions. This power is as 
much varied in different persons as the original faculty of re¬ 
ceiving impressions is. Here, again, the distinction between 
the natural powers of the mind, in managing its own mate¬ 
rials, and the acquired habits of the mind, is made with diffi¬ 
culty, if it can be made. Every person makes use of the 
knowledge which is thus stored up in the mind, in his accus¬ 
tomed employments, as to men and things. This makes ac¬ 
tion , which is the product of physical, moral and intellectual 
power, and by which men are distinguished and contrasted. 
How much of this action is to be referred to the original na¬ 
ture of the agent, and how much to the changes, improve¬ 
ments and habits, which have been gradually making the 
agent what he is perceived to be, does not seem to come 
within any rule of certainty. Persons who have observed 
their contemporaries, know, that human life may be a con¬ 
tinued process of education ; and have noticed surprising 
advancement after manhood has been attained ; but they 
have also noticed, that apparently well-founded promise has 
disappointed expectation. However difficult it may be to dis¬ 
criminate between natural and acquired powers, yet we can 
clearly discern the difference which these combined powers 
make among individuals; and we often believe that we see 
the original stamp of nature, through all the changes which 
education may have wrought. 

414. The time usually devoted to education, is that which 
precedes manhood ; and the condition of every individual de¬ 
pends, essentially, on acquirements within this period. It is 
most difficult to impress on the youthful mind, the importance 
of improving diligently this time. In general, the labor of 
acquiring knowledge is unwelcome to the young. Instead 
of regarding the work of disciplining the heart and the mind, 
as a precious privilege, which, if unavailed of in youth, may 
be lost forever, they frequently feel it to be an uncomfortable 

13 * 




150 


POLITICAL CLASS BOOK. 


exaction. But this is the defect of the process of education, 
and not the fault of the young. Every system of education 
is radically wrong, which makes the acquisition of knowledge, 
whatever be the age of the pupil, painful and disgusting. 
Pupils ought rather to be cheered, comforted, encouraged, 
and consoled in the labors, of which they may be incompe¬ 
tent to perceive the utility. 

415. Conclusion. A maxim of Lord Bacon, “ Knowledge 
is power,” is often repeated. This maxim is founded in the 
very nature of society. Welfare is dependent on the right 
use of knowledge in individual concerns, in social relations, 
and in political duty. Gifts of nature, and attainments from 
education, qualify an individual to exercise great influence 
over his fellow men in the departments wherein he is, or may 
be, called to act. When this influence is qualified by exalted 
moral principle, it may be the very security of political wel¬ 
fare ; when it is unprincipled and selfish, it is the worst ene¬ 
my of the public safety. There is no difficulty in discover¬ 
ing where such influence does, or does not, reside. The 
difficulty lies in knowing whether it is, and will be, virtuously 
or viciously applied. The success of the experiment which 
the American people are making, is believed to depend on 
two things on their capacity to perceive the nature 

and the value of their political institutions ; secondly , on their 
capacity to discern who, among their fellow citizens, are the 
conscientious and enlightened friends of these institutions, 
and who, among them, are, for any reason, unfit to be trusted. 


NOTES 


[Note to page 79, section 199.] 

On Bankrupt and Insolvent Laws. 


As the relation of debtor and creditor is, at all times, one of great 
interest, and one which especially engages public attention at the 
present time, it may be useful to state what the constitutional law is, 
on this subject. 

After the declaration of independence, and before the adoption of 
the constitution of the United States, the several states were abso¬ 
lutely sovereign, as to all legislative measures affecting debtor and 
creditor. “ The power of interfering with contracts, and changing 
the relative situation of debtor and creditor, had been so exercised 
as to impair commercial intercourse, threaten the existence of credit, 
sap the morals of the people, and destroy the sanctity of private 
faith.” (12 Wheaton's Reports , 354—5.) 

Among the purposes intended by the framers of the constitution, 
and by the people when they adopted it, was, to cure such evils, and 
to make all the people in the Union, one people , in those relations 
which the constitution recognized to be national. 

To these ends, the constitution provides, among other things, for 
a uniform standard of value, in gold and silver coin ; for the like 
standard in weights and measures; for the faithful performance 
of contracts entered into between citizens of different states, by giv¬ 
ing jurisdiction between them to national courts ; for the equal dis¬ 
tribution of the estate and effects of insolvents, by means of one 
and the same bankrupt system throughout the states. To secure 
the effectual operation of these and other provisions, the constitu¬ 
tion prohibits certain acts of state legislation, in these words :—“ No 
state shall coin money; emit bills of credit; make any thing but 
gold and silver corn a tender in the payment of debts; pass any bill 
of attainder, ex post facto law, or law impairing the obligation of 
contracts.” 

When the constitution was adopted, insolvent laws, providing for 
the discharge of the person, and future acquisitions, were in force in 
some of the states, and such laws have been passed, or revised, in 
others, since the adoption of the constitution. 

In this state of things, these questions have been raised :—(1.) 
Do state insolvent laws impair the obligation of contracts? (2.) As 
power is granted to Congress to establish a uniform system of bank¬ 
ruptcy, is the power to make insolvent laws thereby taken away from 
the states? 



152 


POLITICAL CLASS BOOK. 


Several cases have been decided in the Supreme Court of the 
United States (the court of the last resort on constitutional law), 
in which the above-mentioned questions arose. It will be noticed, 
that the prominent words in the prohibitory clause are, “ impair- 
ing,” “ obligation /’ 11 contracts.” The meaning of these words, taken 
separately, is well understood. Their meaning, taken connectedly, 
in the above-quoted clause, has been so differently understood, as to 
call forth the best efforts of minds, as strong by nature, and as much 
improved by study and experience, as any that do, or ever did, act in 
our national affairs. The two most remarkable points of difference 
are understood to be these :—On the one hand, it is maintained, that 
the “ obligation of a contract” is that duty which arises from the 
immutable laws of natural justice, the obligation of which men are 
presumed to carry with them into society; and that the laws of 
society do no more than to enforce the performance of that duty. 
On the other hand, it is maintained, that all contracts are made by 
persons, who are already members of society, and are made with 
reference to the existing laws of the society of which they are mem¬ 
bers ; and that the “ obligation” of the contract is that only , which 
these laws make it to be. 

Those who maintain the first point say, that any law which sub¬ 
stitutes something, for the exact performance of the contract, is a 
law impairing the obligation of contracts; that insolvent laws do 
this, and are, therefore, repugnant to the constitution. 

Those who maintain the second point say, that, as all contracts 
are'made with reference to existing laws, if there be a law in force, 
when a contract is made, which provides, that contracts may be 
discharged on the happening of a certain contingency, in some other 
mode than that expressly provided for therein, contracts must be con¬ 
sidered as having been made with reference to that law ; and that 
such law does not impair the obligation. Whence they infer, that 
a law, which provides that debtors, who surrender all their estate and 
effects for distribution among creditors, shall thereupon be discharg¬ 
ed from all posterior liability to these creditors, does not impair the 
obligation of contracts entered into after such law was in force. 
Therefore, the operation of such a law, on such contracts, is not 
repugnant to the constitution. 

In what manner the Supreme Court of the United States have 
disposed of both the questions above stated, will be seen from the 
following cases:— 


Sturgcs vs. Crownijigshield. (10 Wheaton's R. 122—208.) 

Action on promissory notes, dated March 22, 1811. Defence ;— 
Discharge under the insolvent law of New York, passed 3d of April, 
1811. Judgment;—That, since the adoption of the national constitu¬ 
tion, a state has authority to pass a bankrupt law, provided such law 
does not impair the obligation of contracts, within the meaning 
of the constitution ; and provided there be no act in force, to estab¬ 
lish a uniform system of bankruptcy conflicting with such law; 
that the law of New York, so far as it attempted to discharge the 
contract, on which the suit was instituted, was a law impairing the 
obligation, &c. 

The meaning of this decision is supposed to be, that some power 
of making insolvent laws resides in the states; and that a law, which 


NOTES. 


153 


discharges a debtor from contracts entered into before the passing 
ot such law is repugnant to the provision of the constitution corn 
cermng contracts 


McMillan vs. McNeill. (10 Wheaton's R. 209.) 

McNeill of South Carolina sued McxMillan of Louisiana, for 
money paid for him, as surety on a custom-house bond, in May, 1812 
- Both parties then lived in South Carolina. Between that time and 
August, 1.810, McMiilan removed to New Orleans, and, in that month 
obtained a discharge under the insolvent law of Louisiana; which 
discharge was offered as a defence against McNeill’s suit. Judg¬ 
ment That the discharge was not a bar fo the suit. Although the 
insolvent law was made before the debt was contracted, the contract¬ 
ing parties, residing, at the time of the contract, in South Carolina, 
had no reference to the laws of Louisiana 


Ogden vs. Saunders. (12 Wheaton's R. 213—269.) 

In September, 1806, Jordon of Kentucky drew a bill on Ogden 
of New York, in favor of Saunders. Ogden accepted the bill, but 
became insolvent before the day of payment, and obtained a dis¬ 
charge under the insolvent law of New York, passed in 1801. He 
afterwards removed to New Orleans, where Saunders brought this 
suit against him. 

Ogden’s defence was (in part) his discharge under the New York 
law. Each of four of the justices of the Supreme Court, delivered 
elaborate opinions on the two questions before stated, and are undei- 
stood to have concurred in this:—(1.) That the grant of power to 
Congress, to establish bankrupt laws, is not an exclusive grant; and 
does not take from the legislatures of the respective states, the right 
to legislate on the same subject, except when the power vested in 
Congress has been exercised, and the state laws conflict with those 
of Congress : 

(2.) That a state insolvent law, which discharges the person of 
debtors, and their after-acquired property, from debts contracted after 
the passing of such law, is not repugnant to the constitution : 

(3.) That a discharge under a state insolvent law, is valid only 
between the citizens of the state, by which-that law was passed, and 
is inoperative as to contracts made with citizens of other states : 

(4.) That a citizen who contracts debts in one state, and then re¬ 
moves into another state, and there takes the benefit of an insolvent 
law, does not thereby discharge himself from debts contracted before 
his removal. 

The chief justice, and two other justices, did not concur in opinion 
with the other four, as to the constitutionality of insolvent laws ; and 
he delivered, for himself and them, an elaborate opinion, setting 
forth the reasons which had led to a different conclusion. 

The law is understood to be now settled, according to the opinion 
of a majority of the members of the court, as in all other cases where 
a difference of opinion occurs. But, as “ the positive authority of a 
decision is co-extensive only with the facts on which it is made,” 
it is obvious that many questions still remain open; and questions, 
too, of the most difficult and perplexing character. All questions 
where laws conflict, or, in other words, where litigating parties 


154 


POLITICAL CLASS BOOK. 


claim to be protected or sustained under laws of different sovereign¬ 
ties, are of this nature. Although the constitution has been in the 
course of administration for more than forty years, nothing has been 
effectually done, in pursuance of its provisions, for the relief of 
debtor and creditor, even in those relations which are strictly com¬ 
mercial. 

Whether the differences of opinion which have hitherto prevented 
the passing of a national bankrupt law, can be reconciled, or in any 
way gotten over, is exceedingly doubtful; and until such law shall 
have been passed, there can be no relief from the embarrassments 
which are said to exist, but by the exercise of power admitted to be 
reserved to state legislatures. 

Whether a creditor shall, or shall not, have the remedy of coercion, 
by imprisonment, for the recovery of his debt; or the right to pun¬ 
ish his debtor, by imprisonment, because he cannot pay, is entirely 
another question; and is one which does not arise under the 
constitution of the United States. Any state legislature may de¬ 
cide, by law, under what circumstances imprisonment for debt 
shall commence ; of what nature it shall be ; how long it shall con¬ 
tinue ; and when, and how, it shall end; and even that there shall 
be no imprisonment for such cause. Such legislation involves only 
one of the remedies of the creditor, and does not impair the obligation 
of the debtor. Mere remedies to compel the payment of debts, differ 
essentially in the several states, and are from time to time changed 
and varied, as state legislatures see fit. It is not perceived that any 
modification, or even the total abolition of imprisonment for debt, 
can ever be made a subject of national jurisdiction, under any of the 
prohibitory terms of the constitution. 


Note on Crimes. 

There are six crimes which are punishable with death by hanging, 
in Massachusetts ; among which are murder, arson, robbery, burglary, 
treason. 

Murder is the malicious killing of any human being, by force and 
violence, or by any secret means, as poisoning. The word murder 
is supposed to be derived from the barbarous Latin mordrum , or 
murdrum , or murdrarc, which is supposed to be derived from mnrti, 
death, and dare , to give. Murder comes under the general term of 
homicide , which is derived from two Latin words signifying man, and 
killing. Homicide is felonious, excusable, or justifiable. Felony is 
a word of uncertain origin. All crimes, above misdemeanor, are fe¬ 
lonious. Statutes may make, and often do make, crimes felonious, 
which are not so at common law. Excusable homicide happens, 
when one, being lawfully employed at the time, kills another, with¬ 
out the intention to do any wrong. This is, more properly, killing by 
misadventure. Justifiable homicide is putting one to death in pursu¬ 
ance of legal sentence ; or in the necessary defence of one’s person, 
house, or goods. Manslaughter is the unlawful killing of another, 



NOTES. 


155 


without malice, either express or implied ; which may be voluntary, 
as in a sudden affray; or involuntary, hut when' doing some unlaw- 
lul act. 

Arson is from ardeo, to burn, and means the malicious burning of a 
dwelling-house in the night time. 

Robbery is from the barbarous Latin robaria, and means the taking 
of property from one’s person by violence, or by threats of violence, 
and putting the person in fear of his life, or of grievous injury. Lar¬ 
ceny is the legal term for theft of all sorts; it is derived from the 
Latin latrocinium, which is translated theft, or robbery. 

Burglary is derived from two words, which signify theft, and 
dwelling-place ; and means breaking, and entering a dwelling-house, 
in the night time, with intention to commit any felony therein. 

Treason is the levying of war against the government, or con- 
spiring to levy war against it; or adhering to public enemies, giving 
them aid and comfort. This crime can hardly be committed against 
a state, since the adoption of the national constitution. 

All crimes, not capital, are punished by imprisonment for life, and 
hard labor and solitary confinement; or by such punishment, for 
years, in the state prison ; or by imprisonment in the common jail, 
and fine ; and, for still inferior offences, confinement in houses of 
correction, and fine ; or by fine only. In %uch cases, the statutes 
fix the highest and lowest degrees of punishment, and leave the 
judicial courts to decide on the amount of punishment between the 
two extremes. 

Perjury (from perjurium) is the wilful and false swearing, when 
under the obligation of an oath, in any case where the public law 
requires a declaration of the truth under oath ; subornation of perjury 
is the crime of procuring one to swear wilfully and falsely, in such 
cases. All oaths, which the public laws do not require, are, in them¬ 
selves, criminal. 

Forgery is a term borrowed from the fashioning or forming of any 
article on the anvil, and signifies the false and fraudulent making of 
things, or the similitude of deeds, records, notes or writings of any 
kind, with the intention to wrong or defraud. 

Counterfeiting is commonly used to signify the making of false 
coins, or of false bank bills, or the fraudulent alteration of true ones. 

Blasphemy is derived from two Greek words, which signify speak¬ 
ing and impiously; and is defined, by statute, to be such speaking in 
relation to the Supreme Being, the Savior, or the Scriptures. 

The statute laws recognize, and provide punishments for, all other 
crimes, the number of which is very many. They are usually class¬ 
ed under some one of these heads :— 

(1.) Crimes against the lives and persons of citizens. 

(2.) -against private property. 

(3.) -against public justice. 

(4.) -against public peace. 

(5.) -against chastity. 

(6.) -against public policy. 

The crimes above-mentioned and referred to, are punishable under 
the authority of the several states. Some crimes, of the like nature, 
are punishable under the authority of the United States, and some 
crimes are punishable under the latter only. 







156 


POLITICAL CLASS BOOK. 


Crimes'against the Laws of the United States. 

The courts of the United States have exclusive jurisdiction of all 
crimes, which are committed in violation of laws enacted by Con¬ 
gress ; and these laws are such, and only such, as the constitution of the 
United States expressly or impliedly provides for. As the sovereign¬ 
ty of the United States is a limited one, and that of each state an 
absolute one, excepting only as the powers granted to the United 
States make it otherwise, the question arises, How is the line drawn, 
which separates the one sovereignty from the other in matters of crim¬ 
inal jurisdiction ? The answer is, that all which does not expressly, or 
by necessary implication, belong to the United States, is reserved to 
the states. This, rule will settle every question of jurisdiction be¬ 
tween the two sovereignties; viz. The act done, the place in which it 
was done, and the person against whom, or thing in relation to which, 
it was done, mu6t all be such as to give jurisdiction to the United 
States’ courts; and if any one part be wanting, the jurisdiction be¬ 
longs to the state. For example ; a stage coach is stopped, and rob¬ 
bed, between Washington and Baltimore. This is a crime against 
the laws of Maryland. An hour afterwards, a mail stage coach is 
stopped by the same persons, in the same spot, and robbed. This is 
a crime against the laws of the United States. Again ; a citizen 
holds a civil office, under the United States. His dwelling-house 
is entered, and gold coin of the United States is stolen therefrom. 
This is an offence against the state. This citizen was not robbed in 
relation to his office ; his gold was not taken as coin of the United 
States, but as money. But if any unlawful act were done to this 
citizen, even in his own dwelling-house, in relation to his office, it 
would be an offence against the laws of the United States. The 
places in which the United States have exclusive jurisdiction are the 
high seas, forts, arsenals, and particular places ceded by the states 
for national use; as, navy-yards, sites for light-houses, and all within 
their limits. The persons or things are all officers, in respect of their 
official rights and duty, and all things which are exclusively na¬ 
tional, or national property, or which exist in virtue of laws of 
Congress; as, the national bank, post-offices, coin, public debt, 
records, courts, revenue, &c. The arts done, and charged to be 
crimes, are the same, everywhere, as to mere agency ; as murder is 
murder wherever it occurs, &c.; but by what tribunal they are to be 
judged of, and punished, depends on the distinctions above-mentioned. 

As the United States have the exclusive power to legislate as 
to the army and navy, crimes and punishments in these departments 
are, in some degree, dependent on the circumstance, whether a state 
of war exists or not; some offences are capital in time of w r ar, which 
are not so in time of peace. Trials in such cases are had in courts 
martial (held only by military or naval officers). 

Among the crimes (and, as far as recollected, all the crimes) pun¬ 
ishable with death by the United States laws, are these :—'piracy (a 
word derived from both Latin and Greek), which is forcible robbery 
on the high seas (engaging in the slave trq.de is classed with piracy, 
and punished in like manner) ; murder ; malicious burning or destroy- 
ing of ships at sea ; arson ; robbery of the mail on the highway. 

The crimes which are felonies less than capital, and misdemean¬ 
ors, are very numerous, and provision is made, in the statutes, for 
their trial and punishment. 


NOTES. 


157 


In general, the United States have not court-houses ; but use those 
in which the state courts are held ; nor have they jails or peniten¬ 
tiaries. These places of confinement and punishment, built under 
state authority, are used in judicial proceedings of courts of the United 
States; and sentences of these courts are executed in state jails and 
prisons ; but this is so by consent of state legislatures, expressed in 
statutes. 

The distinction between national and state authority, may seem, at 
first view, confused, and difficult to be understood. But all becomes 
clear from understanding the fact, that there is a distinct, and perfect¬ 
ly organized government, for the whole people of the United States 
(as though there were no state governments), for certain defined 
purposes, in which all the people have a common interest; and that 
there are state governments, for all other purposes, which act within 
their own limits, and on their own citizens. Every citizen is, at all 
times, subject to both these governments. But the rights and duties 
under the one, are entirely distinct from those under the other. 
Hence, a crime committed in violation of a law of the United States, 
is no offence against any state law ; and crimes against state laws, 
are not offences against laws of the United States. There are no 
judicial magistrates, in the national government, inferior to district 
judges. It sometimes happens, that some judicial act must be done, 
when a district judge is not at hand (there being but one in each 
district, however extensive); as a previous examination on a charge 
of some crime against a law of the United States. In such case, 
justices of the peace may examine, and, if they think proper, 
secure the accused, to be further dealt with, by committing him to 
prison. 


14 










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■ 












' ' 

' ' 












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'■ W't 





























*» 

■ ‘ iffll 



CHAPTER I. 

Pursuits in Life. 

In order to supply all the real or imaginary wants which grow 
out of the condition of man in a state of society, a great variety 
of pursuits have become necessary. Of these the most important 
are those which furnish him with food, guard him from heat and 
cold, protect him from the inclemencies of'the weather and the 
seasons, and enable him to inhabit the different climates of the 
earth. 

To these are added numerous others, which have sprung from 
his desire of improvement. These render his habitation and his 
garments convenient and comfortable, excite and gratify his taste, 
and bring to him, while dwelling in a little comer of the earth, all 
the delights and advantages of every other region. 

That he may possess these enjoyments in security, and, pos¬ 
sessing them, may employ his leisure in occupations worthy of 
his intellectual and immortal nature, other arts and professions 
have been found necessary, to record and ascertain his acquisi¬ 
tions, to extend his power over nature, to enrich him with knowl¬ 
edge of the distant and the past, and to enable him to prepare for 
the future. 

If a man would be skilful in any one of these pursuits, he 
must spend a considerable portion of his youth in preparation 
for it. If he would be useful and eminent, he must devote 
a large part of his middle life exclusively to his particular call¬ 
ing. 

All the different pursuits are in themselves equally respectable. 
But all are not suited, nor agreeable, to every person. They 
require very different kinds of preparation ; and some require a 
much longer and higher preparation than others. It is the object 
of this Appendix to give some account of the various kinds and 
degrees of preparation, which it is necessary to make for some 
of the most important of these pursuits. It has been thought not 
unsuitable to annex this account to a book which points out the 
duties and rights of the American citizen. Its importance is obvi¬ 
ous from the fact, that while ample provision is made for a course 
of study for persons destined to become physicians, lawyers or 



2 


APPENDIX. 


ministers of the gospel, no such provision is made for young per¬ 
sons who are desirous of qualifying themselves to be good farmers, 
mechanics or instructers. 


CHAPTER 11. 

Agriculture. 

The pursuit which occupies the greatest number of persons, in 
a civilized state, and which is essential to the subsistence of men in 
a social community, is the cultivation of the earth, or agriculture. 

This includes the raising of all kinds of vegetables for the 
food of man and other creatures that depend on him ; the rear¬ 
ing of cattle, horses, and other domestic animals; the management 
of the dairy ; the preparation of fruits and their juices, such as 
the making of cider; the planting and preservation of fruit and 
forest trees, and whatever else is necessary to the bringing to 
perfection the productions of the earth. It is commonly suppos¬ 
ed, that very little information is necessary to enable a man to 
conduct the business of a farm. But to be an intelligent and suc¬ 
cessful husbandman, requires no trifling acquisitions. 

He must understand the nature and management, of soils. 
Without this knowledge, he cannot be sure that he tills his 
ground on right principles, or applies the different soils to their 
right uses. He ought therefore to be acquainted with chemistry,* 
which treats of the nature and qualities of soil. Chemistry w ill 
also give him much valuable information upon the qualities of 
milk, and the processes of making butter and cheese ; upon the 
management of fruits, and the modes of making cider, perry and 
wine; and upon the preparing and applying of manures. So 
that some knowledge of it should be considered indispensable to 
the w ell-informed fanner. 

Indeed, without a knowledge of chemistry, a farmer cannot 
avail himself of the advantages of his situation. There are often 
to be found, beneath the surface of the ground, clays, marls, and 
other substances, which, when properly applied, are excellent 
manures. The knowledge of chemistry will assist in finding and 
applying them. 

Then the farmer should be well acquainted with the mode 
of growth, and the diseases, of the different kinds of vegetables, 
grains and fruits wdiich he cultivates. He will otherwise often 
waste his labor in attempting to cultivate a plant upon soil 
which does not yield it proper food, or lose his crop from not 
knowing what remedy to apply, to remove an evil which he does 
not understand. 


* The word chemistry is derived from an Arabic word, signifying the 
secret science. It was early cultivated bv the Arabians, who sought thereby 
for the means of prolonging life, and converting inferior metals into gold 




AGRICULTURE. 


3 


He should know how to breed horses, cattle, sheep, swine, 
&c., so as to stock his farm with animals of the best breeds; 
to prevent or heal diseases among them ; to improve the breeds’ 
and to do all profitably. He must therefore not be ignorant 
of that part of natural history which relates particularly to these 
animals. 

There is a branch of culture which has been much neglect¬ 
ed in this country, but which is very important, and deserves 
to be attended to: this is the management of forest trees. There 
are now, throughout New England, large tracts of land, which 
are very valuable only while covered with trees. The forests, 
in many parts, are disappearing, and new ones are not often 
planted to take their place. This was once the case with Scot¬ 
land ; and the destruction of its forests is, at this day, lament¬ 
ed as a national misfortune. Many animals and delicate plants 
are supposed not to flourish so readily in an open country, as in 
one protected by trees; rain is thought not to fall so beneficially, 
nor the lightning, that mighty but beneficent agent, to do its office 
so gently, as when it is drawn from the clouds, gradually, by 
these natural attractors. In our burning summers, too, shade 
is sweet to man and beast. Against the fury of the north-west 
wind, what a barrier is presented by a grove of old oak trees! 
I say nothing of the value of fuel and timber; and yet, for these 
alone, a growing forest, even if left to itself, and much more 
if taken care of, is like money at interest. 

Let the landholders of New England hesitate before they throw 
away so many advantages, which they now hold in their posses¬ 
sion, in the forests that cover their hills. 

Forest trees, like every thing else, are improved by care; the 
less useful trees may be removed, and the more valuable ones 
favored. In some cases, foreign trees might, with advantage, be 
introduced; in many, the health and growth of the native kinds 
be improved. To do these things successfully would require a par¬ 
ticular study of the character and habits of the trees to be cultivated. 

In the last place, it may be said of a husbandman, what 
may, indeed, be said of almost every man, that he can hardly 
be strictly honest, and do exact justice to himself and his neigh¬ 
bor, without the practice of keeping accounts. He must have a 
memory which never fails, to be sure that he has paid what he 
owes, and demanded what is due to him, if he trusts to his mem¬ 
ory alone. The practice, moreover, will be of great use to him in 
his husbandry. The only sure way of knowing whether one 
crop is more or less profitable than another, is to keep an account 
with each crop, as if it were a person, to charge all it costs, and 
credit all it yields. 

A farmer should, therefore, be familiar with arithmetic and 
accounts, and should know something of chemistry and the nat¬ 
ural history of the common plants and animals. As he is often 
called to superintend mechanical operations on his farm, and 
to judge of improvements in ploughs and other implements, he 
should not be ignorant of mechanics. 

14 * ; 



4 


APPENDIX. 


Books. The following books may be recommended to him:— 
Conversations on Chemistry, and Davy’s Agricultural Chemistry; 
Conversations on Vegetable Physiology and the Elements of Bot¬ 
any ; the Treatise on Mechanics, contained in the Library of Use¬ 
ful Knowledge. The New England Fanner, published weekly 
at Boston, contains a great deal of valuable information, suited to 
the wants and capacities of farmers. Thacher’s Orchardist is a 
Treatise on Fruit-Trees suited to New England. 

Conversations on Chemistiy is the title of a book written for 
the instruction of beginners in this science. It is a very clear, 
sensible, well arranged book. It has the great advantage of being 
written in such a style, that every part of it is intelligible to a per¬ 
son who has never read anything upon the subject. It gives an in¬ 
teresting account of earths, metals, and all other substances with 
which we have anything to do; explains the manner in which 
plants grow, and the substances of which they are composed, ana 
the manner in which air acts upon them, and upon animals. It 
is a small volume, and costs about $1,00. 

Davy’s Agricultural Chemistry w T as written by the most distin¬ 
guished of the English chemists, for the express purpose of ren¬ 
dering the subject interesting and useful to the cultivators of the 
soil. This end is very perfectly attained. It gives more informa¬ 
tion upon the nature of soils, and the suitableness of particular 
soils to particular vegetables, than perhaps any other book. It 
supposes a person to have some knowledge of chemistry, and is 
therefore to be read after the Conversations. The price of this 
valuable w r ork is about $1,75. 

A book with the title “Conversations on Vegetable Physiology, 
comprehending the Elements of Botany, with their Application 
to Agriculture,” is by the author of Conversations on Chemistry, 
and is equally well written. It treats of the roots, stems, leaves, 
flowers, fruit, seed, and other parts of plants; of the action of air, 
heat, light and moisture upon plants; of the modes of planting, 
grafting, watering, and otherwise treating plants; of the nature 
of soils, and the cultivation of grasses and trees. In order to 
understand it, a person should know something of chemistry. It 
will be found a very useful book to a farmer. Price, $1,00. 

The Treatise on Mechanics, above referred to, is contained in 
numbers 6, 7, 8 and 11 of the Library of Useful Know ledge, 
which was intended for, and is admirably well suited to, all 
classes of men who have not great leisure for study. 


CHAPTER III. 

Useful Arts and Trades- 

Next to the pursuits of agriculture, may be considered what 
are called the useful or mechanic arts and trades. These have 
principally for their object to convert the productions of the earth 



USEFUL ARTS. 


and sea, of vegetable, animal or mineral nature, into forms or 
fabncs suited to the wants, comforts or luxuries of men. 

Classification The arts may be divided into three classes:—1 
those employed in changing the qualities of substances, and im¬ 
parting new ones; 2. those by which the form only is changed 
but the properties remain unaltered; and 3. those which furnish 
the instruments and means by which all the arts of the other two 
classes are carried on. 


The leather-dresser changes soft and perishing skin into tough 
and durable leather. The metallurgist converts the ores of iron 
copper or lead, into the metals themselves. The dyer changes 
the property of color. The aits of these persons belong to the 
first class. ° 


The glove-maker and the shoe-maker give to leather, without 
changing its nature, forms suitable for use. The boat-builder 
shapes boards and planks of wood, by the aid of iron, tar, hemp 
and paint, into boats of various kinds. These belong to the 
second class. . 

The artists who supply the former with needles and awls, and 
the latter with planes, augers, chisels, adzes, and other tools, be¬ 
long to the third class. 

First Class. Eveiy one, who would produce a permanent 
change in any substance, ought to study to understand, as far as 
he can, the nature of the substance he acts upon, and of the 
change he would effect. With this knowledge only can he be 
reasonably sure that he is employing the most direct and effi¬ 
cient means of reaching his end. This can be made clear only 
by examples. 

It is the object of the tanner to change the hide of an animal 
into leather. This, he knows, may be done in several ways, in 
a short or long time, and by the use of several different" sub¬ 
stances. It is desirable to do this in the shortest and cheapest 
way; while the leather shall, at the same time, be, in the greatest 
decree possible, strong, pliable, tough, impervious to water, and 
uninfluenced by air. Now, in order that he may improve any 
one of the processes, through which the hide has to pass, he ought, 
as far as he can, to understand the nature of each of them. He 
ought to understand the qualities of skin itself, what it is com¬ 
posed of and to what circumstances it owes its qualities. lie must 
understand what effect lime has upon it, and whether some other 
substance could not produce the same effect more easily, or a 
better effect. To this end, he must study the nature of lime, and 
of those substances which resemble lime. Then he must under¬ 
stand the effect which the tannin , which is contained in oak bark, 
has upon the hide ; what the substance called tannin is, and wheth¬ 
er it does not exist in greater quantities or better qualities in 
other barks or woods, or in some substances which are not bark 
nor wood. He ought also to understand what effect immersion 
in water, or exposure to air, or the action of heat, or of light, has 
upon the leather, during these processes. These are only a few 
of the circumstances and influences he should understand j and 


6 


APPENDIX. 


lie can know little 1 about either of them, but by an acquaintance 
with chemistry, which records whatsoever has been found out by 
men’s observation and experience, upon these and a thousand 
similar subjects. 

It is idle to say that an apprentice could learn all this from 
a master, and that a master is better than a book. True, he will 
leam much of these things from a skilful master, and probably 
many things which he would not find in books. But it should 
be remembered tb-* 1 books on chemistry contain the mature re¬ 
sults of the experience of very many masters, and those, too, men 
who exceedingly well understood their trade. Would you not 
think it a very useful volume, wliich contained all the conclusions 
which a sensible tanner had come to, after many experiments and 
much observation, during a long life ? Now, a volume of chemis¬ 
try would contain similar conclusions of many such persons. 
Suppose experiments had been made to find out which produced 
the best effects upon skins, the tannin contained in the bark of 
oak, chestnut, willow, sumach or elm, and how those effects dif¬ 
fered from each other. Would not a book containing an account 
of these experiments be very useful to a tanner ? Such a book 
would be a volume of chemistry, and the man who made the 
experiments would be a chemist, whatever he might call him¬ 
self. 

The painter may be taken as another example. The use of 
paint is twofold—to defend the substance to wliich it is applied 
from the action of the air, and to contribute to its agreeable ap¬ 
pearance. Of these the first is the most important. To effect this, 
paint should itself act favorably upon the surface to which it 
is applied, and should resist the action of moisture and air to as 
great a degree, and for as great a length of time, as possible. A 
painter ought, therefore, as far as practicable, to understand the 
nature of woods and other substances to be painted, of all the 
substances which enter into the composition of his paints, and 
of air and water; and how each of these acts upon the rest. 
If he do not understand the nature of wood, he may ignorantly 
apply kinds of paint, which will not unite -with it, or with the sap 
or gums contained in it. In this case, the paint will soon peel off', 
and leave the surface exposed to the air. This sometimes is seen 
to take place. If he be ignorant of the nature of his paints, he 
may mix together articles which will not form a permanent 
union, or which will destroy each other’s color. From ignorance 
of the composition and nature of air, he may expose to its action 
a substance which it rapidly corrodes. All knowledge of this 
kind belongs to the province of chemistry. 

Another instance of the importance of scientific knowledge 
to practical men may be found in the case of the dyer. The 
object of dyeing is to produce a permanent change in the color of 
the article dyed. The excellence of a dye applied, for instance, 
to a woollen cloth, should consist in imparting the required 
shade of color, so as not to injure the texture of the cloth, and 
so as to be acted upon as little as possible by the air and light, 


USEFUL ARTS. 


7 


or, it acted upon by the light, to have its tint and brilliancy rather 
improved than injured by it. To effect all these different ends, 
a dyer must be acquainted with the chemical nature of wool, 
and the alterations made in its nature by the processes of manu¬ 
facture : lie must understand the nature and origin of the mineral, 
vegetable, and animal substances, used in dyeing; and, he must 
understand the chemical action of air and light upon colored sub¬ 
stances exposed to their influence. What constitutes a great diffi¬ 
culty in dyeing, is the fact that nearly all the mineral substances 
which enter into the composition of dyes, are of a corroding 
nature, and, unless counteracted by other principles, gradually 
tend to destroy the texture of the cloth or other article to which 
they are applied. This corrosiveness seems necessary, that the 
color may sink deeply into the cloth, and be thus permanent; but 
its destructive influence must be in a great degree corrected, or 
the firmness of the fabric will be destroyed. 

Effects of Light. Another great difficulty arises from the fact 
that the sun’s light, among the numerous and surprising effects 
which it produces upon the visible creation, has that of gradually 
softening away many colors, so as to deprive them of their origi¬ 
nal brilliancy. This is the difficulty. It may undoubtedly be 
converted, by the dyer who has deeply studied the influence 
of sun-light upon different coloring substances, into a source of 
great beauty. By slightly over-coloring, perhaps, the effect of 
the sun shall be exerted in mellowing down the too gaudy tints 
into a softness and richness more agreeable to the taste than any 
original brightness. We know this is done in the masterpieces of 
painting, and cannot, therefore, doubt, that it might be done in 
dyeing. 

Something more might probably be done. We often see pieces 
of old glass, and fragments of anthracite coal, resplendent with all 
the colors of the rainbow. These have been produced, or brought 
out, by the action of light, moisture, air, or some similar cause, 
upon their surface. Whenever we can understand the nature of 
this action, we shall be able to hope to imitate it. And it can 
only be understood by means of chemistry. This study, then, is 
indispensable to every one engaged in the ait of dyeing. The 
properties of light form the subject of a branch of natural phi¬ 
losophy called optics. 

It must now be obvious, that persons engaged in the arts of the 
first class, must all be acquainted with chemistry, and some of 
them with parts of natural philosophy. 

Second Class. The arts of the second class, those which change 
the form, but not the properties, of bodies and fabrics, must de¬ 
pend, mainly, for their excellence upon the manual skill and dex¬ 
terity of those who exercise them. Still a useful preparation may 
be made for the pursuit, by such studies as point out the nature, 
of the materials which are used in them. This may be rendered 
evident by considering a few examples. 

To take that of the house-carpenter. His object is to build 
a house of the best materials, and in the best and most eco- 


8 


APPENDIX. 


nomical manner. In order to choose liis materials, he must be 
acquainted with the good and bad qualities of the different kinds 
of wood, and know on what circumstances their durability de¬ 
pends. In order to use his materials economically, he must know 
what form and dimensions to give the posts, beams and other 
parts of the frame of a house. In regard to each one of these 
parts, there are a certain form and a certain size, which are better 
than any other. A beam may become weak by being too large, 
as well as by being too small, and a builder who does not know 
what the true medium of size is, will be liable to waste his mate¬ 
rials, and weaken his work, while he is intending to strengthen it. 
Now, the principles upon which he may judge are contained in 
the science of mechanics. Of this, therefore, the builder must 
not be ignorant. The proper shape and arrangement of apart¬ 
ments, the size of doors and windows, the mode of connecting 
the parts of the frame, are all contained in books upon carpentry. 
The best books upon this subject suppose an acquaintance with 
mechanics, and both carpentry and mechanics depend on geom¬ 
etry. A builder should therefore lay a foundation for skill by the 
study of geometry, and add to it the study of the other two branches 
so essential to his profession. 

It is proper, in this place, that a few words should be said 
upon geometry, as this study is not only the basis of the art of 
the house-builder, but of all those arts which in any way use 
the principles of mechanics j and indeed it is ilie ground-work 
of nearly all the practical arts which do not depend upon chem¬ 
istry. 

Geometry signifies the measure of the earth. But the science 
includes the measure of all things which have length, breadth, or 
thickness. Land, timber, stone and earth are all measured by the 
principles of geometry. The art of navigation, or sailing upon 
the ocean, has been brought to perfection by these principles; 
and by means of them the magnitude and distance of the heavenly 
bodies have been ascertained. The construction and use of ma¬ 
chines cannot be thoroughly understood without some knowl¬ 
edge of geometry. A wall or bridge cannot be well built, nor a 
wharf or pier, to resist the pressure or thrust of earth or water, 
laid, without a practical use of truths in mechanics, which depend 
upon geometrical principles. The knowledge of geometry, there¬ 
fore, while it is of use to all persons, is of the greatest importance 
to the mechanic. 

To return to the instance of the house-builder. In order to 
judge of wood, and the properties of the numerous kinds, he 
ought to know at what season of the year different trees should 
be felled, and how they should be seasoned. This knowledge 
may be, and actually is, acquired from intercourse with practical 
men. And there is no doubt that the best part of every practical 
man’s information must be acquired in this way. But it is often 
the lot of a young man not to find the most intelligent men to learn 
from ; and there are, moreover, many things which are more ac¬ 
curately stated in books than they can be by any man whatever; 


USEFUL ARTS. 


9 


and a book of science contains what has been found out by the 
united wisdom of a great many men. The house-builder should 
be a judge of bricks, and of the mode in which they should be 
laid, that he may superintend the masons whom he employs. 

The mason should have knowledge of his materials and their 
use. No two tilings differ more than good and bad mortar. 
The one becomes harder and harder by time, and will make 
the walls built with it last for centuries. The other moulders 
away, lets in air and water, and allows the bricks and stones, 
which should have been united by it, to fall apart in a few years. 
To be able to choose the former, and avoid the latter, a mason 
must be acquainted with the nature of mortar, and, to that end, 
with that part of chemistry which treats of it. 

He ought also to be able to secure a house against the evil of a 
smoky chimney. This may always be done ; and if masons had 
the information they ought to have, it always would be done. 
But to do it, a mason must be acquainted with the principles on 
which the motion of smoke and air depends. These are treated 
of in books on natural philosophy. 

After these instances, it will not be thought necessary to prove 
farther, that every workman ought, if he can, to become acquaint¬ 
ed with the nature of the materials he works upon. 

Third Class. In the arts of the third class, of which it is the 
object to furnish the means and instruments for the exercise of 
all the rest, there is particular need of the knowledge of mechan¬ 
ics, as many of them are the most complex, and require the 
most ingenuity of any of the useful arts. 

Mechanics comes from a Greek word, which signifies contri¬ 
vance, or machine. It comprehends whatever belongs to motion, 
and the forces and means which produce motion. All instru¬ 
ments are made and act upon mechanical principles, and it is 
to these that we are to look for any improvements which we may 
hope will take place, in the means of acting upon the powers 
of nature. Indeed, the powers of nature themselves, acting in the 
vast spaces of the universe, and forming one of the grandest sub¬ 
jects of our investigations, are subject, under God’s providence, 
to the same laws that we observe acting on the surface of the 
earth, and rightly call the laws or principles of mechanics. 

Wherever a great force is to be used, as in the drawing out 
and cutting up great bars of iron, the stamping of coin, the draw¬ 
ing upon shore, and launching again into the sea, a large ship, 
the pumping out of water, or the lifting of coal or ore from 
mines, the means must be found, and managed, by the application 
of mechanical principles. The construction of every machine, 
large or small, depends upon the same principles. He who has 
the most extensive knowledge of mechanics, and the most perfect 
control of its resources, will, therefore, be most able to construct, 
modify and use the machines, and other contrivances, necessary 
in the arts. 

Books. It remains to give some account of a few useful books, 
which may be recommended to those engaged in the arts. As 



10 


APPENDIX. 


a general introduction, especially for persons who have some 
education, no book has lately appeared which can be more high¬ 
ly recommended than Bigelow’s Elements of Technology. This 
volume gives some account of the general principles of many 
of the most important of the arts. It is better adapted to persons 
interested in all, than to those who are particularly devoted to one. 
But it contains a great deal, which cannot easily be found else¬ 
where ; and whatever it contains, may be entirely depended on. 
Some of the chapters must be interesting to all persons; par¬ 
ticularly those upon heating, ventilating and lighting houses. The 
following are some of the subjects of the chapters:—of the mate¬ 
rials used in the arts, their form and strength ; of writing, print¬ 
ing, painting, engraving, building, machinery, forces, spinning 
and weaving, clockwork, coloring, making glass and stone ware, 
and the preservation of organic substances. At the end of each 
chapter is a list of the best works which have been written on 
the subject of that chapter; and this is the most useful thing in 
the volume. By the help of this list, an excellent library might 
be collected. This is an octavo volume of over 500 pages, with 
many plates. Price about $3,00. 

Another treatise, of a general nature, is found in the introducto¬ 
ry number of the Library of Useful Knowledge, published at 
London. Its title is, “ The Objects, Advantages and Pleasures 
of Science.” Its price, as that of each of the other numbers of 
this useful publication, is from twelve to fifteen cents. Here also 
may be mentioned the first eight numbers of the same work ; the 
eleventh, the twelfth and nineteenth. All these, though unequal, 
are excellent. 

Chemistry. In addition to those works which have already been 
mentioned, the following may be noticed as useful-Fyfe’s 
Elements of Chemistry, prepared by Dr. Webster, a small volume 
of about 400 pages, (cost, $1,25,) is well suited to beginners, as it 
was originally intended for the use of pupils of Mechanics’ In¬ 
stitutions. It is written in a clear, simple style. In the Appendix 
is a list of the most important subjects in chemistry, with referen¬ 
ces to fifty works upon chemistry and natural philosophy, in 
which these subjects are treated more at length. 

An edition has lately been made by Dr. Baclie, of the Franklin 
Institute, of the Elements of Chemistry of Prof. Turner of the 
London University. The American edition is in one volume, 
of nearly 600 pages of fine print, and it costs not more than $2,00. 
It is a full treatise, and, considering the size and contents, is a 
cheap volume. From its recent publication, it contains some dis¬ 
coveries in chemistry, which will not be found in other books 
that have been mentioned. 

Dr. Webster’s Chemistry is a compilation from the best authors, 
intended particularly for the use of students attending lectures, 
but not ill adapted to any learners in the science, who wish to 
obtain more than a superficial knowledge of it. It is in one 
8vo. volume of over 600 pages, with several plates, and may be 
bought for $3,00. 


BOOKS. 


11 


A very complete treatise on dyeing will be found in a work 
ot two volumes, 8vo. price $4,25, written originally in French bv 
Berthollet, and translated into English by Dr. Ure. The author 
ot this work was considered as understanding this subject as 
well, perhaps, as any person who has ever written upon it; and 
some processes, first recommended bv him, have made great 
changes in the art. 

To those who want a book of reference in chemistry, the 
Chemical Dictionary of Dr. Ure may be recommended. It is 
in one 8vo. volume of 800 pages, or in two smaller volumes. It 
is of excellent authority, and gives a pretty full and satisfactory 
account of the many subjects contained in it. The price is $4,00. 

Those who wish for the fullest account of all the parts of 
chemistry, with references to all the original authorities, will find 
it in Thomson’s System of Chemistry, in four or five large vol¬ 
umes, 8vo. Henry’s Chemistry, in two or three volumes, 8vo. 
of about 400 pages each, has long had a verv good reputation. 
Price, $5,50. 


Natural Philosophy. As a mere introduction to this study, 
Joyce’s Scientific Dialogues may be of use. It is a little work in 
three volumes, at about $1,50. With an able instructer to explain 
and enlarge upon it, it is a useful book. The best part of this may 
be found in the Scientific Class Book, which is exceedingly well 
fitted to be used in schools, where much time cannot lie given to 
studies of this kind. 


Adams’s Lectures upon Natural Philosophy are a popular work, 
somewhat diffuse, but generally clear. They are contained in 
four volumes, with well executed plates. The American edition 
may be obtained for $9,00. A much better book, for practical 
men, is Brewster’s edition of Ferguson’s Lectures. The lectures 
themselves are the work of a man ignorant of geometry, and are 
therefore full of inaccuracies. These are corrected by Dr. Brews¬ 
ter, who, in an additional volume, has given a great deal of infor¬ 
mation, highly useful to men occupied in the arts. The work is 
in two volumes, 8vo. It is, how r ever, difficult to be found. The 
life of Ferguson, which is contained in the first volume, is exceed¬ 
ingly interesting, from the difficulties he had to struggle with, and 
which he overcame. 

These treatises are generally free from mathematical language, 
and may be understood with the most common knowledge of 
mathematics. If any one wishes to understand the subject thor- 
oughly, and read the best books upon it, he must previously 
learn geometry and algebra. With the knowledge of them, he 
may read the following works:—Emerson’s Mechanics, which 
is a very full and valuable treatise, in one quarto volume, price 
about $5,00. The Cambridge Course of Physics. The Mechan¬ 
ics of this course is the most complete treatise which has been 
published, separately, in this country. Parts of it require a 
knowledge of the higher branches of mathematics, but most of it 
is intelligible to a person who understands geometry and algebra. 
There are four volumes, one upon mechanics, one on physics, 
15 


12 


APPENDIX. 


one on optics, one on astronomy. They may be had separately 
for about three dollars each volume. 

Dr. Gregory’s Mathematics for practical men is a single 
volume of 400 pages, with several plates, and may be had for 
$4,00. This was written expressly for beginners in civil engineer¬ 
ing, and for other mechanics and artists. It contains the most 
important parts of arithmetic, algebra, the truths of geometry, and 
its applications, mensuration, mechanics, &c. The principles are 
usually laid down, but not demonstrated. 

Brunton’s Mechanics’ Text-Book is a little work, which may be 
useful, although it has the same defect as the preceding, of not 
explaining the truths, rules, and tables which are laid down. It 
is intended for “engineers, mill-wrights, machine-makers, found¬ 
ers, smiths, &c.” It contains “ Practical Rules and Tables con¬ 
nected with the Steam-Engine, Water-Wheel, Force-Pump, and 
Mechanics in general.” It may be bought for 50 cents. 

The Builder’s Pocket Manual, a small 12mo. volume of 300 
pages, price 75 cents, contains rules and instructions in the arts 
of carpentry, joinery, masonry, and bricklaying, with several en¬ 
gravings.—These last three works are unlike the others that have 
been recommended, in containing principles only, without the 
explanations. They are not well suited to beginners. A better 
book is Allen’s Mechanics. It contains nothing upon arithmetic, 
and little upon geometry or algebra. This cannot be considered 
a defect, as these may be learnt elsewhere to better purpose. But 
it goes more fully into those branches which are of immediate 
importance to mechanics and manufacturers, for whose use it is 
intended. It contains many valuable tables, and much other 
useful information. By one who has acquired the rudiments 
of natural philosophy, it will be easily understood. Price, about 
$3,00. 

Carpentry. An excellent book upon the subject of carpentry 
was published in 1827, prepared by B. Hale, then principal of 
Gardiner Lyceum. This is the best introduction to be found, 
to the art of the carpenter. It treats of the strength of timber, 
and of the construction of floors, roofs, and the other parts of a 
building. It requires no mathematics but arithmetic, and every 
carpenter will find it of the greatest use. It costs $1,12. y 

Civil Engineering. This teaches the art of building walls, 
roads, bridges and other extensive works. Some considerable in¬ 
formation upon materials, modes of laying out and constructing 
roads, of building bridges, of digging and securing canals, form¬ 
ing locks, building sea-walls, and protecting harbors, may be 
found in a work called Sganzin’s Civil Engineering, which was 
published at Boston in 1827. It costs $1,33. 

Geometiy. For simplicity, clearness and easiness of compre¬ 
hension, no full treatise on the subject is superior to Walker’s 
Elements of Geometry. Where the object is to get an acquaint¬ 
ance with the science for immediate use, it is unequalled, as it is 
short, but strict, and nothing essential is omitted. 

The author, who has been longer and more deservedly famous 


INSTRUCTION. 


13 

I for teaching geometry well, than any other author ever was for 
teaching any science, is Euclid ; and Euclid’s Elements are, at 
tnis day, among the best books on geometry to be found. His 
editors are numberless: one of the best is Simpson. 

Legendre’s Geometry, as used at Cambridge, is the most per¬ 
fect work upon the subject of the elements of geometry that 
has, for many years, been written. It goes farther into the 
subject than Euclid, containing the best of the modern sugges¬ 
tions, all admirably clear and well arranged. There are many 
other books upon geometry. These seem to be best suited to 
the purpose now in view. 

Algebra. Colburn’s Introduction to Algebra is upon the same 
principle, and almost equally successful, as his books upon 
arithmetic. The learner has the satisfaction of overcoming the 
difficulties of the science himself, by a process into which he is 
gradually led, so that they almost cease to appear to be diffi¬ 
culties. 

Day’s Algebra is easy and useful. 

If the learner wishes to use algebra in assisting him to read 
English authors on natural philosophy, he may learn some 
English treatise, as that in the Librar} r of Useful Knowledge, 
Wood’s Algebra, or Bonnycastle’s, which are among the easiest. 
If he wishes to have the means of reading French authors upon 
the same subject, he may study Lacroix’s Algebra. 


CHAPTER IV. 

Instruction. 

Of the learned professions, it is intended to remark only on 
that of instructors of the young ; for these may be considered 
as belonging to that class. The reason why they have not been 
so considered, is probably that they have not generally embraced 
the business of teaching as a distinct profession. Men devoted 
to other pursuits, have taken up the duty of instruction as a tem¬ 
porary employment. 

It begins to be viewed with different feelings ; and it is not 
uncommon, now, to find young men resolving to devote them¬ 
selves to it, as a permanent profession. Such will do well to 
consider how great a work they are taking upon themselves, 
and how much is to be done in preparation. They are not only 
-—to use the language of one who seems to have felt for school¬ 
masters, as if he had himself been one—to spend their time “in 
controlling petulance, exciting indifference to action, striving to 
enlighten stupidity, and laboring to soften obstinacy;” they are 
to quicken the tender germ of intellect when it begins to spring 
up towards the light of truth ; to tend and train the powers as 



14 


APPENDIX. 


they successively unfold themselves; to fill the mind with good 
knowledge ; to watch growing habits; to form the child to 
be happy and useful, and able to contribute to the happiness 
of others ; in short, to form him for the service of society and 
of God, and to exert influences, which, in their remote results, 
will be as lasting as the immortal mind itself. Such should be 
the exalted purpose of the instructer, and he should continually 
aim at it, though with the conviction that he shall never be able 
to attain to it perfectly. Let no one lightly enter upon so high 
an office ; but if he enter, let him give to it his heart and his 
strength. 

I am speaking particularly of those who embrace instruction 
as a profession for life ; but what is said will apply, in some 
measure, to those also who take it up for a limited time. 

An instructer should store his own mind with the knowledge 
of the works of nature. The child opens his eyes upon the 
beautiful creation, and every object moves his affections, and 
excites his wonder. An instructer should be ready to answer 
the numberless questions which will be put. to him ; and let him 
do it reverently. Let him remember that God teaches us by 
his works ; and if a voice speak not to him from these works, 
he wants the first qualification for his office. Whatever sciences 
qualify to communicate this instruction—natural history, nat¬ 
ural philosophy, physiology, anatomy, botany, chemistry—let 
him store his mind with their treasures. 

The medium by which this and all knowledge is communi¬ 
cated from one to another, is language. An instructer should 
aim to be a master of his own native tongue ; and, in order to 
that, he should study those languages on which it is built. Let 
him begin with Latin, the great mother of nearly all the culti¬ 
vated tongues of western Europe. If he begins early enough, 
—and late is better than not at all,—he will be able to learn this 
to some degree of perfectness. With the knowledge of this, he 
will find the French, Italian, and other kindred dialects, of com¬ 
paratively easy acquisition. It would be well if he could add 
thereto Greek ; and still better if he could add German. But, 
with a competent knowledge of Latin and Greek, he will find 
few English words, of whose right meaning he need be doubt¬ 
ful, or which he cannot trace to their root, except those words 
which are said to come to us from the Saxon and Celtic. 

If there be, besides our nati ve tongue, one which, more than 
others, deserves peculiar attention from the future schoolmas¬ 
ter, it is the Greek. All technical terms in all the sciences, and 
in nearly all modern languages, are derived from Greek, and it 
is just these words, and the notions which they express, which 
an instructer ought to know ; for he must almost necessarily 
make use of the elements of all the sciences. The New Testa¬ 
ment, which, even as a model of the art of teaching, the instruc¬ 
ter should value above- every other volume, was originally 
written in Greek. The Greeks, too, are the first teachers, and 


INSTRUCTION. 


15 


among the most successful, of very much that we teach. The 
root of European improvement was with the Greek. 

The exact sciences are those which may most successfully be 
used as discipline to the powers ; as instruments, therefore, the 
instructor should be familiar with arithmetic, geometry and al¬ 
gebra. It is necessary only to name them; whoever under¬ 
stands them will see at once what use they are of to himself 
and how he can make them useful to others. If he can add to 
these a knowledge of the higher branches of mathematics, he 
will never have occasion to regret the acquisition. And it is an 
important consideration, that the best books upon the physical 
sciences, which have for some time appeared in England, 
France, antkthe rest of Europe, suppose a knowledge of these 
branches, and cannot be fully read without them. 

The accomplished instructer, as indeed every other person 
who desires to be at all distinguished for his attainments, must be 
largely read in history and geography. The best literature of 
his native language should be familiar to him. By this alone 
can he become practically a master of the use of it. 

Let it not be said, that too high a standard is set for the ac¬ 
quisitions of the schoolmaster. He who undertakes to teach, 
as his profession for life, ought to be able to teach whatever his 
pupils may need, or desire to learn, except those branches that 
are obviously within the province of mechanical art. Attainment 
will never he high, if the standard be not high ; and if those of 
any profession should aim to be learned, it is those who devote 
themselves to the profession of instruction. Whether too high, 
however, or not, instructors will never be respected as a profes¬ 
sion, until they attain to something near it; since individuals 
in other professions often go far beyond the limits which have 
been here laid down. 

Not much has yet been published in this country, calculated 
to assist the instructer in the modes of teaching, or the personal 
qualifications for the oflice. A beginning has been made, in 
the excellent Lectures on School-keeping by S. R. Hall. This 
book should be in the hands of every teacher. The Introduc¬ 
tory Discourse and Lectures delivered before the American In¬ 
stitute of Instruction will be found very interesting and useful. 
All these have been produced in a manner which cannot fail to 
advance the science of education. They contain the fruits of 
the experience of distinguished teachers. Bacon, Locke, Mil- 
ton, and some other eminent foreigners, have written upon the 
subject, and it is to be hoped that their best works of this kind 
will soon be republished in this country. Some valuable re¬ 
marks upon the motives by which children should be led to 
study, will be found in the chapter upon emulation, in Park- 
hurst’s Moral Philosophy. Other parts of the volume will also 
be found useful to the instructer. 

15* 



16 


APPENDIX. 


CHAPTER V. 

Moral Philosophy. 

Whatever relates to our conduct or motives, as being right 
or wrong, belongs to morality ; and the science which teaches 
us our duty, and the reasons of it, is called moral philosophy. 

We have duties to ourselves, to our fellow men, and to God. 
Upon a knowledge of our duties to ourselves, will depend our 
happiness ; upon a knowledge of our duties to our fellow men, 
will dependmur usefulness to them ; and upon a knowledge of 
our duty to God, will depend our usefulness and happiness here 
and hereafter. 

Personal Duties. We have duties to ourselves, which are in¬ 
dependent of our relation to others. As we grow up to maturity, 
the formation of our habits, the cultivation of our powers, and 
everything else which has reference to our happiness, are ne¬ 
cessarily committed to our own charge. We must make our¬ 
selves, after a certain period, whatever of good and excellent 
we may become ; we have, therefore, the greatest interest in 
practising what will have a tendency to make us happy, and in 
avoiding what will make us unhappy. 

As far as happiness springs from ourselves, it will depend 
upon the right cultivation and improvement of our various fac¬ 
ulties. In the first place, we must take care of the bodily fac¬ 
ulties ; for it is only with a healthy body that we can enjoy the 
numberless pleasures that are presented us by our sight, our 
hearing, and our other senses. It is only with a healthy body 
that we can enjoy, in any considerable degree, even the simple 
pleasure of eating. Beautiful objects, pleasing sounds, agreea¬ 
ble odors, are continually presented to us ; but, unless we are 
in health, they can give us no pleasure. One of our first duties 
to ourselves, then, if we are in earnest in our pursuit of happi¬ 
ness, is the preservation of the health of the body. This de¬ 
pends on temperance. All excess impairs the organs of the 
frame. Temperance consists in avoiding excess, not only in 
drinking, but in eating, sleeping, exercise of mind or body, or 
the neglect of exercise. Excess, by disordering the bod) r , brings 
on disease, and shortens life. The man of temperate habits not 
only enjoys his food and drink, his sleep and exercise, much 
more than the intemperate man, but he enjoys them much 
longer. If our enjoyment, therefore, depended only on the 
body, and terminated in this life, it would be our duty to be 
temperate. 

But we have mind, as well as body ; and our best and most 
permanent enjoyments are those which belong to the mind. 
The world is full of fountains of happiness, if we will learn to 
drink from them. The pure and healthy mind is full of happy 
thoughts, and all the objects of creation are continually suggest- 


MORAL PHILOSOPHY. 


17 


ing them. Now, intemperance in eating or drinking renders 
this nice sense of happiness dull and obtuse. It quells the high 
spirits, blunts the quick perception of beauty and excellence, 
stupities reason, and at last almost destroys it. The intellectual 
man, therefore, even if he dwelt in solitude, in an unvisited 
island, would sin against the happiness of the mind, if he were 
intemperate. How much more binding is the duty of temper¬ 
ance, on him who is to employ his faculties, not only for him¬ 
self, but for others, and that for an indefined future ! 

All our faculties, before they are nourished by education, are 
but as germs ; weak and uncertain principles, which are to 
receive their strength, compass and character, from cultivation. 
For this process of cultivation we have a limited time, a few 
years at farthest. It becomes us to use it frugally. He who 
wastes his time, throws away an opportunity, which may never 
return, of preparing himself for happiness. Economy in the 
use of time, is, therefore, an essential duty. Time is a great 
good given to all, and to all equally, wherein to prepare for all 
future good. The man who depends oii his daily labor for sup¬ 
port, whose industry constitutes his sole wealth, must take time 
to bring it to a useful end ; and the man who has the powers 
of Newttm or of Solomon, can accomplish nothing without 
time. He who takes from me an hour of time, deprives me of 
all the good which I could gain in that hour ; and, if I waste it 
myself, I do myself an equally irreparable injury. 

But health of body and mind is chiefly valuable because it 
puts us in a condition to perfect our higher powers; and lime 
owes its great value to its being the means within which we 
accomplish this. If temperance and economy of time are du¬ 
ties, one still higher and more binding, is the duty of improving 
all our faculties, and thus rendering ourselves susceptible of 
higher degrees and higher kinds of happiness. The memory 
is a treasurediouse of truths, which w r e gather from observa¬ 
tion, reflection, experience and study. These truths are essen¬ 
tial to our welfare and advancement. Whatever Contributes to 
the perfecting of the powers which we employ in gaining truth, 
is therefore a part of duty. These powers, namely, the facul¬ 
ty of attention, of discrimination, conception, judgment, im¬ 
agination, and others, are improved by exercise. It becomes, 
then, a duty to exercise these powers upon their proper ob- 

jects. . _ . 

The faculty by which we judge of right and wrong m con¬ 
duct, is called conscience. All agree that this faculty is suscep¬ 
tible of cultivation, that all have a conscience, that in some it is 
active and enlightened, in others, torpid and uninformed. This 
power is our great internal guide in duty. The habits and 
character we form, will depend more on the care we take to 
enlighten our conscience, and the faithfulness with which we 
follow its dictates, than upon everything else. Now, we are 
immortal; we are to form our character, and the habits of our 


18 


APPENDIX. 


mind, for eternity. How momentous, then, the duty of enlight¬ 
ening our conscience, and obeying it! 

This is the last and greatest of personal duties. The empire 
of the conscience extends to every action which has reference 
to right and wrong. If we have a good conscience, and always 
listen to its dictates, we shall, as far as ourselves are concerned, 
always do right. This truth was recognized by one of the sages 
of ancient times, who bequeathed, as a parting legacy to his 
friends, the advice—“Reverence thyself.” Fear not men, and 
refer not to their opinions in.regard to your own duty ; but fear 
yourself, and never violate what are your own convictions of 
right. These are some of the personal duties. 

Social Duties. In the next place, we have duties to our fellow 
men, or social duties. 

We find ourselves existing in such connexion with those 
about us, that we depend, in a thousand ways, upon them, and 
are able, in an equal degree, to contribute to their good. The 
dependence is mutual. The benefits we receive from others 
are such, that life would be hardly worth having, without them. 
It is the duty, then, of each individual in society to contribute 
his proportion towards that common good, from which the 
happiness of each one, and of the whole, is derived. ♦ 

It would be impossible, in a few pages, to give an intelligible 
account of all the duties which are incumbent upon a man as a 
member of society. Nothing more will be attempted, than to 
mention a few of the more important ones. 

At the foundation of all duties, and of all virtue, both person 
al and social, is the love of truth. The value to ourselves of 
the love of truth, is inestimable. Without it, we cannot search 
into and discover our own character; and, whilst we remain 
ignorant of ourselves, we are not prepared to make any prog¬ 
ress' in perfecting the best part, that is, the immortal part, of 
our nature. 

The importance of regarding the truth merely as a social 
duty, arises from the fact, that the business of society could not 
go on, unless we could depend upon the promises of others. 
Each individual would have to do every thing for himself, if he 
could not trust to the expressed or implied promise which every 
one makes, when lie undertakes to act for another. Universal 
disregard of truth would, therefore, make men lower than sav¬ 
ages. Ever} r departure from truth does something to destroy 
the confidence which is essential to the well-being of society, 
and, therefore, has a tendency to disorder and destroy society. 

A principle which is so important to individual and to public 
happiness, ought to be deeply seated; and the love of truth 
should be inculcated upon children, and should be cherished by 
all who are judges of their own conduct, with earlier and more 
constant and sedulous care, than any other principle. The first 
departure from truth, is the first step to vice and ruin. As long 
as a child or a man is a lover of the truth, there is hope of him. 


MORAL PHILOSOPHY. 


19 


He who disregards the truth, or is indifferent to it, is already 
without principle. 

Truth concerns ourselves and our fellow men. The way in 
which we violate truth to ourselves is, by breaking our resolu¬ 
tions. We .should, therefore, be exceedingly averse to making 
resolutions, or binding ourselves by vows ; and it seems to be 
against these that the command in the Gospel —Swear not at 
all —is directed. The personal consequences of departing from 
truth, in our conversation with others, are, the loss of the con¬ 
fidence and esteem of others, and all the particular evils which 
all the falsehoods we are guilty of produce. The liar is despis¬ 
ed by others, even by other liars, and by himself. In the Scrip¬ 
tures ol the New Testament, a deeper detestation is expressed 
of lying, than of any other vice or crime whatever. The love 
of truth in words, is connected with a love of truth in nature 
and in the sciences. When the moral taste is corrupted, the 
power of perceiving, comprehending and enjoying the truth, in 
all which comes under the examination of the mind, is essen¬ 
tially diminished. 

The great foundation of our duties to each other is charity. 
The word is here employed in the comprehensive sense in 
which it is used in the New Testament. This leads us to love 
our neighbor as ourself, and is thus the source, not only of jus¬ 
tice, but of kindness, benevolence, generosity, and all the noblest 
of the virtues. It teaches us to love our neighbor for his sake, 
and not for our own, and thus excludes selfishness, and other 
unworthy motives. It leads us to judge of our neighbor as we 
W'ould wish to be judged ourselves, and condemns censorious¬ 
ness, distrust, and the imputation of mean and evil motives. 
In this enlarged sense, charity influences the manners, looks 
and words, as well as the actions. An unkind look, or a harsh 
word, as really offends against the charity of the Gospel, as an 
unjust action; and rude manners are as inconsistent with the 
delicacy of feeling for others, which is the essence of charity, as 
a blow, or a fraudulent bargain. 

Politeness has sometimes been considered as having no ref¬ 
erence to morality ; and it has even been supposed that incivil¬ 
ity and rudeness were not inconsistent with the Christian char¬ 
acter. To perceive how unjust this supposition is, both to 
Christianity and to politeness, it is only necessary to consider 
what politeness really is. True politeness, then, not only seems 
to respect the feelings of others, but actually does respect them; 
it leads ajnan, not to pretend to make a sacrifice of his own 
ease or convenience to gratify another, but to make the sacri¬ 
fice, and to take a pleasure in it. If this be a correct account 
of politeness, how does it differ, so far as it goes, from the kind¬ 
ness which belongs to charity ? Gracefulness of manners, and 
refinement of language, which are gained by long associating 
with well-bred and intelligent people, are not essential to po¬ 
liteness, but only an agreeable dress which it often appears in. 


20 


APPENDIX. 


These two, the love of truth and charity, we conceive to be 
the most important and comprehensive of those principles, upon 
which a willingness to perforin our duties must depend. 

The several social duties arise from the several relations in 
which we stand towards others. The simplest of these rela¬ 
tions is that of parent and child. The duties of the parent, 
which spring from this relation, ore those of supporting and 
educating his child. By the first of these, he is bound to pro¬ 
vide for him suitable "food, clothes and maintenance; by the 
second, he is bound to set him a good example, to form him to 
virtuous habits, to defend him from the corrupting influence of 
others, and to give him a suitable preparation for a respectable 
and honest situation in life. 

The answer to the question why the parent is bound to do 
these things more than any other individual, is, shortly, this 
It is of infinite importance to the child, that some one should 
do them for him, and of vast consequence to society that they 
should be done for every child ; and the natural and intimate 
relation between the parent and the child distinguishes the 
parent, in a manner not to be mistaken, as the one individual, 
upon whom the duty rests. If the parent shall not do it, who 
shall ? And if it be not done, the child is ruined, and a great 
injury done to society. 

The duties of the child are, respect and obedience,—because, 
without these, the duties of the parent cannot be performed 
with effect,—and, in case of need, maintenance. 

Another class of duties arises from the relation between mas¬ 
ter and servant. Of this important relation, which comprehends 
the condition of apprentices, of domestics, of laborers, of sailors, 
and many others, in reference to the person or persons to whom 
their services are due, it will be sufficient to give a single in¬ 
stance. In the case of the apprentice, who is put, at an early 
age, to learn some art or business, under a competent person, 
the duty of a parent is, by the nature of the case, transferred to 
the master. He is, therefore, bound to take the same charge 
of his apprentice, in reference to his education and character, 
as if it were his own child, in that situation ; and he is clothed 
with the same authority in regard to him. A consideration of 
the mutual duties of parent and child will, therefore, answer 
the question, What are the reciprocal duties of a master and 
iiis apprentice, when the apprentice is a minor ? 

The institution of government gives rise to many duties, 
which it is unnecessary to dwell upon in this place, as they may 
be learned from the preceding volume. 

Religious Duties . The highest of our duties are our duties to 
God. To him we owe love, worship and obedience. The ex¬ 
planation and enforcement of these duties, which are called re¬ 
ligious duties , properly belong to the ministers of religion. 
The consideration of our immortality, and our relation to our 
Creator, ought, however, never to be long absent from the 


MORAL PHILOSOPHY. 


21 


thoughts of any one. Without them, our condition here, our 
trials, our sufferings, our capacities, our hopes, are a perplexing 
and unsolved mystery. 

An unfailing guide for our motives, and a rule of conduct in 
all respects, enjoyment of the present life, and preparation for 
the life to come, are found in the Gospel of Jesus Christ, con¬ 
tained in the Scriptures of the New Testament. But in our in¬ 
tercourse with men, many questions arise, in which considera¬ 
tions of a temporary nature, not particularly spoken of in the 
Scriptures, are necessary to our adopting aright line of conduct. 
For the solving of these questions, books have been written upon 
moral philosophy; not to lay down new principles of conduct, but 
to show the application of the principles already acknowledged, 
to the circumstances and events which occur, and to give rea¬ 
sons for our being guided by these principles. 

The Scriptures, for example, give us the commandment, 
“ Thou shalt not bear false witness against thy neighbor,” but 
do not explain what it is to bear false witness, and give us no 
reason for the command but that such is the will of God.. The 


writer on moral philosophy defines the offence, and gives such 
reasons />r avoiding its commission, as show that obedience to 
this commandment is favorable to our own happiness, arid that 
of others; thus showing that God wills the happiness of men. 
The Scriptures command us to “do justly,” but do not define 
justice, nor show the application of the rule to the various cir¬ 
cumstances of our intercourse with other men. This the writer 
on moral philosophy does. He explains the nature of justice, 
and shows the evil consequences which proceed from an in¬ 
fringement of the rule in our promises, bargains and other 
transactions. The book of moral philosophy in no degree su¬ 
persedes the Scriptures, nor substitutes any other principles 
than those contained in them. It only elucidates those princi¬ 
ples, shows their application to our conduct, sets forth their 
reasonableness, and gives us additional inducements to be guided 
by them. The writer on moral philospphy addresses us as rea¬ 
sonable creatures, desirous of our own good and the good of 
others, and endeavoring to elevate ourselves, and to act w r oi - 
thily the part assigned us in life. The Scriptures do more? 
they speak to us with authority, as a voice from heaven ; they 
speak to the heart; they speak to us as immortal beings, ac 
countable, for every action, word and thought, to our Creator 
Paley's Moral Philosophy. The only work upon moral pin 
losophy, which has extensive circulation, and which is level to 
the comprehension of common readers, is the Moral Philosophy 
of Dr. Paley. This work, like all others of the same author, is 
remarkable for its clearness, and the apposite and natural man¬ 
ner in which it illustrates principles. But it cannot be recom¬ 
mended without a warning to the reader to beware of being 
misled by the principle, upon which, as a foundation, the system 
of Dr. Paley is built. This is the principle of expediency. Di 




22 


APPENDIX. 


Paley says, “Whatever is expedient, is right.” But, then, it 
“mustbe expedient on the whole, at the long run, in all its ef¬ 
fects, collateral and remote, as well as in those which are im¬ 
mediate and direct.”* Now, this is undoubtedly true, to a being 
capable of estimating all effects, direct and indirect, collateral 
and remote, through all time, and upon all beings,—and to such 
a one alone. No person can safely act upon this principle, in 
questions of right and wrong, but one who can take into view 
the boundless future. Now, it need not be proved that none 
but God has this perfect foreknowledge ; no one else can, there¬ 
fore, safely act upon the principle of expediency. 

With this exception, and one or two others, the morality of 
Dr. Paley is the morality of the Gospel; and he constantly en¬ 
forces his principles by quotations from thence, and has been 
guided throughout by light borrowed from the Gospel. 

The substance of this chapter may be summed up in a few 
words:— 

1. The first of physical blessings is health of the body. This 
depends on temperance and exercise. “ Keep your head cool 
by temperance, and your feet warm by exercise,” was the rich 
lesson of a life devoted to the practice of the healing art. 
Health and activity of mind are the greatest good of an intel¬ 
lectual being, and the best possession of a moral being is a good 
conscience. Hence the most important personal duties are, 
temperance, faithful cultivation of the faculties, and self-respect, 
or reverence for the dictates of conscience. 

2. For a large part of our present life, we must associate 
with our brethren of the human race, receive good from them, 
in numberless ways, and be dependent on them for much of our 
happiness. We are bound to pay back this debt, and add what 
we can to the great sum of good and happiness, by rendering 
ourselves, according to our powers, agreeable and useful. To 
these ends, truth and charity are most of all essential—truth, 
which is always safe, brave and generous, while falsehood is 
uncertain, cowardly and mean—and charity, which is the soul 
of whatever is disinterested and benevolent, in deed, or word, 
or outward show. We must, therefore, be true to all, and at all 
times; and let our charity embrace all upon whom the light of 
the sun is shed, that we may be perfect in our social duties. 

3. We must spend the whole of our existence, and that with¬ 
out end, in the presence of God. We ought, therefore, to study 
to secure his favor. This can only be done by obeying his 
commandments, the first of which conveys a principle estab¬ 
lishing the most momentous and comprehensive of human 
duties. 


Paley’s Moral Philosophy, Boole II., Chapter VIII. 



REa^xNG for leisure hours. 


A 


CHAPTER VI. 

Reading for Leisure Hours. 

Young men, in this country, so often begin their studies un¬ 
der great disadvantages, and without any well qualified person 
to direct them to the most important objects and the most use ¬ 
ful authors, that it is thought a few suggestions, as to the em¬ 
ployment of their leisure time, will not be useless. The hours 
spent in school will, probably, be faithfully occupied with well 
chosen studies. But even when this is done, the long morn¬ 
ings ot summer, and the evenings in winter, rainy days in vaca¬ 
tion, and the heavy time between the preparation of a plan of 
amusement and the execution, offer many a golden hour of 
leisure, which may be freely given to reading, and which, thus 
employed, will “sweeten liberty” whenever it comes. 

The intention of the few observations which I shall make, 
and which the narrow limits of an appendix will oblige me to 
make very brief, is to point out sources of information, by means 
of which the young will be enabled, 

1. To avail themselves of the advantages by which they are 
surrounded in early youth, particularly in the country; 2. to 
lay a foundation for future reading, and to understand better 
what they shall read ; 3. to form the habit of, and obtain mate¬ 
rials for, thought and reflection ; 4. to derive the greatest ad¬ 
vantage from the opportunities which are offered in the higher 
seminaries of education and in the world. 

One of the most delightful and useful means of relaxation 
from severe study, which can be afforded to a thoughtful person 
at any age, is found in natural history. This directs the atten¬ 
tion to numberless curious objects in the vegetable creation, 
and in the appearance and habits of animals. The opportuni¬ 
ties for observing them are more frequent, and the means often 
more accessible, in youth, than afterwards. Smellie’s Philoso¬ 
phy of Natural History has the effect of opening the eyes of the 
young to the wonders of the world in which they live, and of 
showing how many opportunities of receiving instruction and 
improvement are continually offered them, even in situations 
the least promising. Very interesting works upon natural his¬ 
tory will be found in the Library of Entertaining Knowledge, 
a work which, on other subjects as well as this, fully deserves 
the titfe which has been given it. 

The operations of nature, on a large scale, are carried on in 
conformity with the laws of chemistry; and a knowledge of this 
science renders a great many operations, which are constantly 
going on, unheeded, before us, intelligible, and, consequently, 
most interesting and delightful. Such, for instance, are the 
processes of freezing, combustion and breathing. Before we 
understand them, they are apt to excite no attention, but to be 




24 


APPENDIX. 


viewed as matters of course ; when once understood, they im¬ 
mediately strike us with their beauty, and always after are 
viewed with interest. In passing through a thick forest, one is 
sometimes inclined to think, that the best means are not used 
for conveying moisture to the roots of trees, as we frequently 
see earth just at the foot of a tree dry, while every thing is 
moist at a little distance. The extended branches, while they 
afford a place of refuge from the storm, to man and the larger 
animals, seem to turn off to a distance the genial drops which 
are descending upon them for their nourishment. The truth 
is, the moisture is admitted to the ground just at the distance at 
which it is wanted; and this is one instance among thousands, 
that the provisions of nature are, in reality, wisest, where they 
seem to be most defective. There is not time, in this place, to 
add examples ; those mentioned are such as are most likely to 
occur to a person who has read the Conversations on Chemis¬ 
try, and on Botany, which have been before and are again rec¬ 
ommended. We may also add Conversations on Natural Phi¬ 
losophy, which, although superficial, are very clear and satis¬ 
factory, as far as they go. 

But of all the wonderful parts of the Creator’s works, none 
is more so than the human body. This is treated of, with ad¬ 
mirable clearness and success, in a work in which, from its title, 
a young reader would be least likely to look for it—Paley’s 
Natural Theology. 

From the world without, a young person of inquisitive mind 
will be often tempted to turn inwards his thoughts, to that which 
is within his own mind. And, in tracing and cultivating his 
various faculties, he will receive aid from a little work, called 
Watts on the Mind, or from Mason on Self-Knowledge. 

However beautiful and interesting the world around us is, the 
most beautiful and interesting object in it is man. We are 
men, and whatever concerns our brethren of the human family 
is interesting to us. To a young person, what relates to indi¬ 
viduals is more attractive than the history of nations; biogra¬ 
phy, therefore, or the lives of eminent men, is one of the most 
entertaining, as well as one of the most useful, kinds of reading. 

Our own country offers two lives for the instruction of the * 
race. The Life of Washington and of Franklin should be fa¬ 
miliar to every American, from his earliest years. Among the 
ancients, there is no life like Washington’s. 

But among them are glorious names, which will excite the 
young to great purposes and lofty deeds. Many of these have 
been handed down to us by Plutarch, whose “Lives” should, at 
some period, be read by every person, and are to none more 
acceptable than to the young. The Life of Howard is of a 
higher kind than any of these ; so is Southey’s Life of John 
Wesley. The Life of Henry K. White is the life of a poet and 
a Christian. Irving’s Life of Columbus is written by an Amer¬ 
ican, for Americans. Parts of it have all the interest of romance. 


READING FOR LEISURE HOURS. 


25 


History is a study of great and permanent interest. “Not to 
know what was before you were, is to be always a child.” It 
cannot be begun too soon. It can never be exhausted. The 
beginning of human history, as the foundation of man’s hopes, 
is found in the Bible. Every thorough course of history begins 
with this sacred volume. 

The history of our own country, as it is most important, so is 
it most interesting to us. Robertson’s America is the first 
book to be read upon our history; but it is only in writings 
which were published after his death, that Dr. Robertson enters 
upon the history of that portion of the continent which we 
call our own country. Adams’s New England is short, but 
faithful. Willard’s Republic of America recommends itself 
by the excellent apparatus of maps, by which it is accom¬ 
panied. Marshall’s Life of Washington is a large work, but 
well worth reading through, and of the highest authority. The 
first part, upon the early history of America, has been published 
separately. 

The histories of particular states are numerous, and some of 
them excellent. Belknap’s History of New Hampshire deserves 
a high place. Williams’s Vermont, and Sullivan’s Maine, are 
interesting to others as well as the citizens of those states. 
Hutchinson, Minot and Bradford are the historians of Massa¬ 
chusetts. Trumbull is that of Connecticut. Tudor’s Letters 
on the Eastern States will make known much which is desira¬ 
ble to be noticed. His Life of James Otis is one of the best 
lives that have been written in America. The “Foresters” 
may be read for the amusement of a leisure hour, and serve to 
fix in the memory some of the events of history. Flint’s Travels 
and Residence in the Valley of the Mississippi contains much 
valuable information in regard to that country. His Geography 
is larger, and still more valuable. 

History receives an additional charm, when it is made to turn 
on the fortunes of an individual. Such is the case with Rob¬ 
ertson’s Charles V.; Aikin’s Memoirs of Elizabeth, and of 
James I.; Scott’s Napoleon ; Belknap’s Biography. 

It would be going too far, to lay down a course of history for 
every foreign and ancient nation. English history, as most 
connected with American, is of the first interest; Grecian and 
Roman, respectively, show the genius, and the extent of power, 
of those two nations. Tytler’s History, or Worcester’s, will 
point out what portions of the history of the world are most 
deserving of study, and to what points the reader’s attention 
should be directed. The same end will be accomplished by 
Whelpley’s Compend of History ; and one of these, or a sim¬ 
ilar work, should be repeatedly read, to give a correct idea of 
the order of the great events of history. The history of Greece, 
Rome and England may be read in the volumes of Goldsmith. 
That of England by Sir James Mackintosh is now in a course 
of publication, and, to judge from what has already appeared, 



26 


APPENDIX. 


is more valuable than any other short history of that country. 
Young readers will be attracted by Scott’s Tales of a Grand¬ 
father. The present state of Europe may be learned from a 
work called “Europe,” and much concerning America from 
one called “America, by a citizen of the United States.” 
Perkins’s Historical Sketches of the United States contain 
a full and clear history of events from 1815 to 1830. A 
knowledge of geography is essential to the right understanding 
of history. Malte-Brun’s Geography is a large work, contain¬ 
ing a vast deal of information upon all the countries of the 
world. Hale’s Geography has the advantage of being very re¬ 
cent, illustrated by sixty maps, very correct, and cheap. There 
are many other excellent treatises on geography, too well 
known to need to be mentioned. 

Towards accomplishing that most important but difficult ob¬ 
ject, the writing of themes, much valuable assistance will be 
found in Newman’s Rhetoric. All the books which have been 
recommended will afford materials, and to these you may add 
the Adventurer, the Spectator, the Rambler, the Sketch Book, 
and, in short, any book which presents ripe and pleasant 
thoughts, agreeably expressed. 

Any one who wishes for a selection of beautiful passages in 
poetry, from the best poets in the language, is referred to 
Cheever’s Studies in Poetry. Young readers are apt to be more 
pleased with Scott’s Poems than with any other; and if they 
begin with the Lady of the Lake, and have any natural taste 
for poetry, they may easily become lovers of poetry. There 
maybe some among our readers, so young as not to have heard 
that Shakspeare’s plays and Milton’s poems are among the best 
of all poetry. Whatever has been written in this way by Gold ¬ 
smith, Gray, Wordsworth, Bryant, may be safely read, and 
will form a true taste. 

As much may be said for the following writers in prose— 
Scott, Johnson, Addison, Burke, Edgewmrth, H. More, Frank¬ 
lin—and, indeed, of many others. Most of Miss Edgeworth’s 
writings, beginning with the Parent’s Assistant, are particularly 
suited, and particularly delightful, to the young. 

Voyages and travels, and books on geography, are a never- 
failing source of the best and most rational amusement. In re¬ 
gard to what is safe and what is dangerous reading, no better rule 
can be given than that which the excellent mother of John 
Wesley gave, to enable him to judge of the lawfulness or un¬ 
lawfulness of pleasure :—“Whatever weakens your reason, im¬ 
pairs the tenderness of your conscience, obscures your sense of 
God, or takes off the relish of spiritual things—in short, what¬ 
ever increases the strength and authority of your body over 
your mind—that thing is sin to you, however innocent it may be 
in itself.” 


QUESTIONS 


ON THE 


POLITICAL CLASS BOOK. 


< 

i 1,1 Sections. 

What knowledge does reason, or the light of nature, impart? 1. 2. 

What inference does reason draw, as to the Author of crea¬ 
tion ?. 3 , 

From what authority are mankind made to know, certainly, 
what reason cannot teach?. 4. 

In what manner do we get knowledge ? .. 5. 

How does the mind act on impressions made through the 

senses ? .... . 6. 

What are the powers of the mind ?. 6. 

What is that faculty which distinguishes man from all other 
animals ?. 7. 

By what means are thoughts preserved and transmitted ?. 8. 

Are there any cases, in which men act under the expectation 

of consequences which are uncertain ?. 9. 10. 

Are there differences in the qualities of individuals ; and what 

are the effects of cultivation, or neglect ?.11. 12. 

What is intended to be taught by this volume ?. 13. 

Has the Creator enabled mankind to learn the laws which 

govern their individual and social being?. 14. 

What is the duty implied in the gift of reason?. 15. 

What does reason teach as to social duty ?. 16. 

What is the foundation of society ?. 17. 

How do rules of action and customs arise ?. 18. 

What was the first social state of mankind?. 19. 

How did the division of labor arise ; and what is the common 

measure of the products of labor ?. 20. 

Whence does money come, and how used ?. 21. 

Whence comes the value of metals, used as money?. 22. 

What occasions subdivision of labor, and increase of popula¬ 
tion and of wealth ?... 23. 

Whence comes the necessity of laws to govern society ?. 24. 

What is one consequence of society, and what is the best con¬ 
dition of society ?.25. 26. 

What have been the most usual forms of government ; and 

what is despotism and tyranny ?...26. 27. 

What is oligarchy, and how arising?.... 28. 

What was the usual form of government in the middle ages ? . 29. 

What is a mixed monarchy, and where existing .. 30. 

What is a commonwealth ?. .. 31. 

16* 



























28 QUESTIONS ON THE 

What is democracy; and what are our governments?. ''““oo 

between other governments and our 

What, and how derived,'i's'the English cVnVtitut'ioiiVandwh'aU ^ 

m ® ant h y constitutions in republics ?. o 4 

wru at • 0 OUr constit utions provide fpr ?.‘ .. or 

What is the excellence of our constitutions . o<?‘ 

What was intended by the constitution of Massachusetts ?" • V 

how does the 

U whin™ hSr.™ our con^iuibn ^med/and 

What is a revolution ?.' . 39. 

W setts T™ S * ^ effected the revolution in Massachu- 

WWp a H e thG mUtU - 1 re * 1 ’ a ^°' n ' s * of rules' and cities ?*. *.*. * 42 

Where does sovereignty reside; and in what manner does 

How S Js P nT er aCt ’ a r d Wlmt is a town > P oli tically ?. 43 

How is a town-meeting warned and held ?. T A ' 

Whnf Hn e tl he next + . cor P° rate divisions to towns ?.‘ 45 

What do the counties together constitute ?. Zi' 

In^hat manner does the law-making and execuUv'e* p'o^ 

'r"“ ng ‘ 

hZ ,k fhe ,-° ity f ? oston or g an l z ed, relatively*to towns 40 

How‘sjusttce administered in this city?. . ®' 

What is the Municipal Court in Boston. ??' 

What is the office and duty of mayor ri‘ 

What is the General Court ?. ^ 2 . 

What are senators, and how chosen*? .*.*.*.* * 

mat £ a r nvent r-’ and for what p ur p°sc held?::::. g: 

What are representatives, and how chosen ? ... ’ ‘ * rS' 

Whnt f n ^ m v er ° f re P res entatives too many ?. rS‘ 

What title have senators ?... J . ° 7 - 

How is the legislature organized ? ... . . . 

How are legislative acts passed ?.... j®- 

™^atn 0 re 6 ? ^.‘ he .. gOTer ”° r "' he » an 

552 is Z a r ‘ Z a ?f d'wh'aVby *a *statute ?!!!!!!!!! * * * S’ 

What is the limit to the law-making power ?.. . ™ 

How is a law repealed, or annulled, if wrong ? ... 1. S‘ 

tbtionT! "Z k “ P ‘ *” ° n the adoption of the'^nsh'- . 

What is the common law-?. 64. 

1 ^ What wa e ^ overnoFs d “ty, m’ to the* iegiskture . % 

Ze asSZ Z. emBelTes in 

H 0 t r l a ? d in wha * manner, are’ town officers’ chosen ?. S' 

How are town-meetings bonducted ?. . 

How is votihg for officers conducted ?.. . £?• 

What are the powers of towns ?.. 7 J- 

By what authority are taxes assessed ? . . '. '/. [ [ [ [ . ZZ 

What is taxable ?. 72. 

How is the ratio of taxation settled ? . Z*? - 

. t4. 













































POLITICAL CLASS BOOK. 21 ) 

How is it known what tax a town is to pay ?... SecUo ™ 

On what authority are state and county taxes called for * 5 . 75' 

How are taxes collected ?. ' ’' 

What is the consequence of erroneous taxation ?. 77 

What is the meaning of assessor ? . . 77 " 

What constitutes the executive branch ^. . 7 g' 

How are the governor and lieutenant-governor ihoien, and 

how is the governor styled Pi.‘. . _ 7 g 

IIow is the lieutenant-governor styled, and how are the’coin¬ 
ed chosen ?. gQ 

What are the governor's power and duty ?."..*!!!!! 81.82 

What is the duty of the lieutenant-governor ?. 83 . 

What relation has the executive to the University ?. 84. 

What officers belong to the governor’s military rank ?.> 85. 

How is the treasurer of the state chosen, and what are his du¬ 
ties ?. gg 

How is the secretary of the commonwealth chosen, and what ■ 

are his duties ?. 37 

Who, of the above-mentioned officers, are always on duty, arid 

who of them are not ?. gg_ 

What is the nature of the judiciary department?. 89 

How are citizens affected by the exercise of power in this de¬ 
partment ? .. 90 

In what light did the framers of the constitution regard the 

judiciary?. 9 ]. 

What courts are there in Massachusetts ?. 92. 

How many counties are there in the state ?. 93 . 

What are counties and shire towns; and what are the officers, 

powers and duties of counties ?. 94 . 

What is a county treasurer ?.•. 95 . 

What is the lowest judicial power ?... 96. 

What are the powers of justices of the peace ?.... 97. 

What is meant by a recognizance ?.•. 98. 

What is meant by bail ?. 99 . 

What civil acticns can justices try ?... 100. 

Whence arise the powers of justices?. 101 . 

In what manner can justices cause offenders to be arrested ? . 102. 

How are Courts of Common Pleas held, and what powers has 

this court?. 103. 

What appeal lies from judgment in this court ?. 104. 

What is the manner of trials in this court ?. 105. 

How are grand juries selected ?. 106. 

What is their oath of office ?. 107. 

How are they instructed in their duties ?. 108. 

What is a grand jury’s duty ; and what is an indictment?.... 109. 

How is a criminal tried in the Common Pleas ?. 110. 

What is the duty of a jury, if the guilt is doubtful; and if the 

accused is found guilty, what is the duty of the judge ? .... 111 . 

Is there sufficient protection of the innocent when accused ?.. 112. 

How are civil causes tried, by jury, in the Common Pleas ?... 113. 

What is an attorney ?. 113. 

How are questions of law disposed of in this court, and what 

is the execution of a judgment ?. 114. 

What is the Supreme Judicial Court?. 115. 

How do causes come before this court ?. 116. 











































30 QUESTIONS ON THE 

Section?. 

What is the law term of this court, and what are reported 

cases?.. 117. 

What punishments are lawful in this state ?. 118. 

What is the character of this court ? .... 119. 

What powers has it, besides those mentioned ?. 120. 

What is a capital trial, and how is the prisoner brought before 

the court? ...... 121. 

What is an arraignment 'of a prisoner ?.•. 122. 

What is the course of proceedings on the day of trial ?. 123. 

What is the duty of the attorney and the solicitor general in 

such trial ? . 124. 

What is the duty of counsel in such trial ?.. 125. 

How are the iury instructed in their duty, and what are they 

todo?........f .-. 126. 

What is the manner of returning a verdict for, or against, the 

prisoner?. 127. 

What is the manner of condemning to death; and by what 

authority is the sentence executed ?. 128. 

What is the condition of a condemned prisoner ?. 129. 

What is a Probate Court, and its power ?. 130. 

How is a will proved ?. 131. 

What is granting administration ?. 132. 

What is insolvency ?. 133. 

What is the course of proceedings in this court, and what ap¬ 
peal lies from its decrees ?. 134. 

Who are affected by probate decrees ?. 135. 

What provision is there for removing judicial officers ?. 136. 

In what department is the power of impeachment vested, and 

how is an impeachment tried ?... 137. 

How do the constitutions of other states differ from each 

other ?. 138. 

What is the constitution of the state of Maine ?. 139. 

What is the constitution of the state of New Hampshire ? .... 140. 

What is the constitution of the state of Massachusetts, in 

things not before noticed ?. 141. 

What is the constitution of the state of Vermont ?. 142. 

What is the constitution of the state of Connecticut ?. 143. 

What is the government of Rhode Island ?. 144. 

What is the constitution of New York?. 145. 

What are peculiar provisions of this ?. 146. 

What is the constitution of New Jersey ?. 147. 

-Pennsylvania?. 148. 

-Delaware ?... . 149. 

-Maryland ?. 150. 

---Virginia ?. 151. 

-North Carolina ?. 152. 

-Soutli Carolina ?. 153. 

—-Georgia?. 154. 

-Kentucky ? 155. 

-Tennessee?. 156. 

-Ohio ?. 157. 

-——-Indiana ?. 158. 

-Louisiana ?. 159. 

-— Mississippi ?... . 160. 

-Illinois ?. 161. 





























































POLITICAL CLASS BOOK. 


What is the constitution of Alabama 
— Missouri ?. 


31 

Sections. 
. 162. 
. 163. 

m 


'Vhafp^t ‘ h6 . . Un :‘ Cd . . Sto . l r s Vlaiory exisi; and 
What is meanly voting, and universal suffrage ‘‘ 
W Uons‘of t ,t"t C ( . e s™ ay be dra "' n fr ° m com P ari “g the constitul 

c'lai'm's'againsV states,* and ihe 166 ’ 

When was America first known to Europeans, and on what 

w P n n C ipl e did they first assert a right to the soil ?. 168 

What was the second ground, on which the right was as¬ 
serted . 160 

What has been, in fact, done as to the Indians ?.*’ 170 

What is a colony, and when were the American colonies set¬ 
tled ?.;. 

What attempts were made to unite the colonies ?. 172. 

What was the first, general union of the colonies ?. 173. 

What were the articles of confederation ?. 173 . 

What is meant by a congress ? . 173 

What is meant by sovereignty ? . 173 , 

What is the meaning and° application of federal ? _(note to) 173! 

What occasioned the forming of the federal constitution ?_ 173. 

When, and by whom, was the Convention held, for framing 

the Federal Constitution?. 174 , 

What was General Washington’s opinion on the necessity of 
forming such constitution ; and why ought the union of the 

states to be preserved ?. 175 . 

Can it be expected that dissatisfaction will not arise j but is 

this a reason for disunion ?. 176. 

What three things should be taken into view in estimating the 

value of the constitution ?... 177. 

In what different lights has the constitution been viewed ? ... 178. 

What is now held to be its true construction ?. 179. 

How are acts, done by the state authority, viewed, in relation 

to the national government ?. 180. 

What was the state of things when the constitution was 

adopted?. 181. 

By whom was the national constitution adopted ?. 182. 

What is the” general nature of the constitution ?. 183. 

What do the state and national constitutions, respectively, 

provide for ?. 184. 

What is to be done, if the national government errs, or if the 

state authority opposes it?. 185. 

What is the legislative power of the United States ?. 186. 

How man}’’ representatives may there be ?. 187. 

How are representatives apportioned in slave-holding states ?. 188. 

What is the right of representation in slave-holding, and in 

non-slave-holding, states ?. 189. 

What is a census, and why taken ?. 190. 

What is the number, usually intended to form the House ?... 191. 

How are representatives chosen ?... 192. 

How is the Senate composed and chosen ?. 193. 

What are the powers of the Senate ?. 194. 

Who presides in the Senate ?. 195. 






































32 QUESTIONS ON THE 

Sections. 

On what subjects can Congress make laws ?... 19C. 

What is the power of Congress in relation to the moneyed 

currency ?. . 197. 

What are powers of Congress as to naturalization ?. 198. 

--—- bankruptcies ?..*...'. 199. 

-patents ?. 200. 

-copy-rights?. 201. 

--public debt?. 202. 

-post-office?. 203. 

-*-regulation of commerce ?. 204. 

-weights and measures ?.. 205. 

In what manner does Congress raise money ?. 206. 

What money is commonly sufficient to defray the expenses of 

the United States ?. 207. 

How is money raised from the importation of merchandise ?.. 208. 

What is smuggling, and how punished ?. 209. 

Into what place is the money, raised for the United States, 

paid?.:. 210. 

How is the money, so raised, paid out, for public uses ?. 211. 

Has the House of Representatives power to impeach ?. 212. 

How long may Congress sit ?. 213. 

What is the common opinion as to the length of session ? .... 214. 

What is the executive power of the United States ?. 215. 

By whom are electors chosen?. 216. 

What are the different modes of choosing electors ?. 217 

How do electors choose president and vice-president ?.. 218. 

What are the president’s compensation, powers and duties ?.. 219. 

Have civil officers any titles? .. 219. 

What are the executive departments ?. 220 

What power has the president over these ?. 221 

What are the duties of these departments ?. 222 

What is the duty of the attorney general ?. 223. 

What is the duty of the secretary of state ?. 224. 

What is diplomacy ?. 225. 

How are the United States’ officers paid ?. 226. 

Has the president a council ?.. 227. 

What was General Washington’s practice ?. 228. 

Who constitute the cabinet ?. 229. 

Where is the vice-president’s place ?. 230. 

What is said of a home department ?. 231. 

How are judicial districts formed, and what is the power of 

the District Courts ?. 232. 

Ho\v are circuits formed, and by whom are Circuit Courts 

held ?. 233. 

What are the powers of Circuit Courts ?.... 234. 

What is the power of this court, in criminal cases ?. 235. 

Where are the proceedings of this court revised ?. 236. 

Has it exclusive power, or concurrent with state courts ? 237. 

How is the Supreme Court of the United States composed ?.. 238. 

What power has this court over state courts ?. 239. 

How are causes conducted in the Supreme Court of the 

United States ?. 240. 

What is the relative state of nations ?. 241. 

What is war ?. 242. 

Whence arises the necessity of having an armed force ?. 243. 



















































POLITICAL CLASS LOOK. 33 

What is the armed force of the United States?. 

If a minor enlists in the army, how can he be discharged ? . 244 

VV hat is meant by habeas corpus ? ... 044 

H ow is the militia force ranged, under the constitution of 

the United States ?. 04 - 

What power is given to the United States 'as to the mffitia ? *.*. 246' 

What power is reserved to the states ?. 047 ' 

wi! V <r e P ower .°C t,le states exercised, as to the militia >... 24$! 

•ivu u dl1 • rent °P in ^ ons are entertained as to the militia . 240 

Why has it been supposed that the law of nations cannot be 

made intelligible to every one ?. 05 Q 

What do natural and revealed law require ?. 251 

What similarity is there between natural law, among individ¬ 
uals, and the law of nations ?. 252 

In what manner have authors treated of the law of nations ?.. 253^ 

How is the law of nations divided ?... 254. 

What is stated as to matters of opinion ?. 255. 

What is customary law of nations ?. !...!!! 256^ 

Whence arising ?.[ 257 

What is meant by ambassador?. 258. 

What are his duties and privileges ?. 250 260 

What is an envoy ? .......... f. 2 6 L 

What is a plenipotentiary ?. 262. 

What diplomatic officers are sent by the United States ?. 263. 

How are diplomatic officers classed ?. 263. 

How are treaties made ?.264.265. 

What are consuls ?. 266. 

By what part of the law of nations are the community, in gen¬ 
eral, most affected ?. 267. 

What are wars, offensive and defensive ?. 268. 

What was the character of ancient war ?. 269. 

How was ancient war carried on ?.. 270. 

What was the besieging of cities ?. 271. 

How are battles conducted, since the invention and use of 

gunpowder ?. 272. 

How is war conducted on the ocean ?..5. 273. 

What are privateers ?. 274. 

How do captors proceed with prizes ?. 275. 

What are nations at war called ; and what are neutrals, and 

how affected ?. 276. 

Can neutrals carry the goods of belligerents ?. 277. 

What is meant by covering belligerents’ goods ?. 278. 

What is a blockade ?. 279. 

What difficulties arise on the question, What is lawful trade 

for neutrals, in time of war ?. 280. 

What is departure from neutral character ?. 281. 

Has a belligerent a right to take its native subjects out of 

neutral snips ?. 282. 

What have nations done as to defining neutral rights, by 

treaty .. 283. 

How may war begin ?. 284. 

What may be inferred from the foregoing remarks on the law 

of nations?...285—288. 

What is real, and what is personal property ?. 289. 










































34 


QUESTIONS ON THE 


Sections. 

What are the different kinds of real estate ?. 290. 

What may the owners of real estate do with it ?. 291. 

How may real estate be acquired ?.:. 292. 

What is evidence of owning personal estate ?.... 293. 

Who may contract, and on what subjects ?. 294. 

What are express and implied contracts ?. 295. 

What is the difference between contracts in a moral and in a 

legal view?... 296. 

What contracts may, or may not, be made ?. 297. 

How are contracts made ?. 298. 

What is evidence of a contract ?... 299. 

How must contracts be proved ?. 300. 

How does the failure of justice sometimes arise ?. 301. 

What neglect of parties gives occasion for suits ?. 302. 

In what manner may controversies be settled ?. 303. 

How many kinds of banks are there ?. 304. 

What is a bank of deposit ?. 305 

What is a bank of deposit and discount ?. 306. 

What is a bank of deposit, discount and circulation ?. 307. 

How are banks created in Massachusetts ?. 308. 

When is a bank said to be broken ; and how are stockholders 

liable ?.. 309. 

What is a bank tax ? dividends ? shares ? how alienated ?_ 310. 

What are deposits and checks ?. 311. 

What are promissory notes ?. 312. 

What are bills of exchange ?. 313 . 

What is meant by protests ?. 313 . 

What arc notaries public ?. 314 . 

What is an insurance company, and how created ?. 315. 

What is a mutual insurance company ?. 316. 

What is insurance on life ?. 317. 

How are persons classed, and what are minors ?. 318. 

What are adults ?. 319 

Who are guardians of minors, and what contracts can minors 

make ?. 320. 

What is the effect of a promise, after age, to pay a minor’s 

debt, and when may minors be witnesses ?. 321. 

When are minors punishable for crimes ?. 322. 

What estate may minors own ; and can a minor make a will ? 323! 

Has a minor a right to his own earnings ?. 324. 

When does a minor arrive at full age ?. 325. 

How may minors be bound out, and what is the remedy, if 

they are ill used ?.. ^ 26 . 

What are the rights of male adults ?. 327. 

What is the right of a husband to his wife’s estate ?. 328. 

What is the power of a father over his children ?. 329. 

What are the power and duty of husbands ; and what is a wife’s 

remedy, if not provided for ?. 330. 

What remedies have they for wrongs between themselves ? .. 331. 

How may they be separated ?. 332. 

How may they be divorced ?. 332 

What is a principal cause of divorce ?... 332. 

What property may a single woman own : and what may she 
do with it?..'... 333 

What becomes of a female’s property if she marries while a minor ? 334 













































POLITICAL CLASS BOOK. 


35 

Sections. 

In what way can a married woman part with her estate, or 

bar herself of dower ?. 335. 

To what extent can a husband cut off his wife by will ?. 336. 

How is the estate of an intestate distributed ?. 337. 

What allowance may be made to widows ?. 338. 

How are testate and intestate estates applied ?. 339. 

How can a female secure estate to herself, on marriage ?. 340. 

What is such contract called, and what may it contain ?. 341. 

Who may administer, or be guardian ?. 342. 

What defects are there in female education ?. 343. 

How, and for what purposes, is education useful ?. 344. 

How are classes distinguished, and what are laborers ?.. 345. 

What are mechanics .. 

What knowledge should they have ?.347.348. 

What is manufacturing ?.. ^9- 

What is the peculiar characteristic of this class ?. 350. 

What are merchants, and how distinguished as a class ?... .351. 352. 
What is the fourth class of persons, and how divided from 

others .. 

May there be too many of this class . 354. 

What is the fifth and last class .. 

What is to be done as to choosing employment ?. 3ob- 

What is the farmer’s condition .. 35'- 

What may aid in mechanical business .. 3|«- 

Wnat is necessary for a merchant ?.• • • •.-* * * * 

What is required in preparing for the learned professions ? ... 5oU. 

What is required in a minister of religion .. 361- 

What is required in the medical department .. 3tg. 

What is required in the law department .. 3b3- 

How is the court and a lawyer connected .. 3b4- 

What is the Law School at Cambridge .. "j®* 

What taxation is lawful for religion .. 3bt>- 

What is religion .. 

What is the foundation of Christian faith .. 305* 

What part of the Bible did Moses write .. 3by. 

When did the Christian era begin .. 371J- 

Where did the Jews dwell .. 

When was Jerusalem destroyed P.• . Xli* 

Through what time does Jewish history extend ?.. 5/4. 

What fs the nature of the books of the Old Testament. 373. 

What is the Apocrypha, in the Bible ?.. zLf 

When, and by whom, was the New Testament written ?. 5/4. 

What are the editions of the Bible now in use ?. 375. 

Whv were the early Christians persecuted ?.•. • 

When did the first union of state and church occur ?. 5//. 

What is the meaning of bishop ? .•. 

Whence came the dominion of the pope ?... jllX' 

How did the Greek and Catholic churches arise ?. 3/^- 

How did the reformation begin ?.... .. ' 

What were some of the consequences of this event ?. 

Who was Calvin, and when did he appear .. 504. 

Who was Arminius ?.; • • • *.. oo/ 

When did England separate from the Roman church ?. 5<g- 

What is meant by Protestant ? .•.; • • ;. «o 6 ‘ 

What sects have arisen since the reformation. 

17 




















































36 


QUESTIONS. 


Sections. 

What is religious liberty in the United States ?. 387. 

What may be the effect of religious controversy in the United 

States?..... 388. 

Why should religious education be attended to in the United 

States ?. 389. 

What is the effect of religious education ?. 390. 

What were the motives of the framers of the constitution of 

this state, in this respect ?. 391. 

What is the nature of an oath ?. 392. 

What is the first reason why the Sabbath should be respected? 393. 
What is the second reason why the Sabbath should be re¬ 
spected?. 393. 

What is the extent of legislative power, as to the Sabbath ? .. 394. 

What are parishes ?. 395. 

What are poll parishes ?. 396. 

What are incorporated parishes ?. 397. 

What is meant by education ?. 398. 

What may education be likened to ?. 399. 

What is physical power ?. 400. 

What is moral power?. 400. 

What is intellectual power ?. 400. 

What are manners ?. 401. 

What is fashion ?. 402. 

What is the use and misuse of dress ?. 403. 

How are manners formed ?. 404. 

What is the principle of manners ?. 405. 

What are the rules for forming manners ?. 406. 

What is the utility of good manners ?. 407. 

Why should the moral sense be cultivated ?. 408. 

Why is slander immoral ?. 409 

Can slander be prevented ?...-.. 410. 

How are the faculties of mind defined?. 411. 

What is the common sense opinion as to the faculties of the 

mind ?...*. 412. 

What is the combined effect of education on the physical, 

moral and intellectual powers ?. 413. 

What is the proper time for education ?. 414. 

What is the meaning of the phrase “ Knowledge is power” ? , 415. 











































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